JAILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 16.9.1996 passed by the learned Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter it will be referred to as 'NDPS Act'), Satna in Special case No.31/1994, whereby the appellant was convicted for the offence punishable under section 20 of NDPS Act and sentenced for 2 years' rigorous imprisonment with fine of Rs.1,000.00. In default of payment of fine, 6 months' additional rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that, on 18.3.1994, at about 8 a.m., in the morning, ASI Shri Rajmani Singh (P.W.5) received an information that the Criminal Appeal No.1834 of 1996 appellant had cultivated some Ganja plants in his land and therefore, he recorded the information in Rojnamacha and informed SDOP Shri M.L.Chhari (P.W.2). Thereafter, he went to the spot along with the police force. SDOP Shri Chhari also accompanied him. A closed courtyard was opened by the appellant, which was locked initially. In that courtyard, it was found that the appellant had cultivated 350 plants of Out of them, 150 plants were big and 200 plants Ganja. were small. Those plants were removed from the Earth and seized. Five big plants and five small plants were sent to the Forensic Science Laboratory for their analysis. Forensic Science Laboratory in its report, Ex.P/15 found that those plants were Ganja (Cannabis). After due investigation, a charge-sheet was filed before the Special Judge under NDPS Act, Satna.

(3.) AFTER considering the evidence adduced by the parties, the learned Special Judge, convicted the appellant for the offence punishable under section 20 of NDPS Act and sentenced him as mentioned above.