LATTU @ MAZID KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 24.4.2012 passed by the Special Judge (N.D.P.S. Act), Satna in Special Case No.29/10, whereby the appellant was convicted for the offence punishable under Sections 8(c)/20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced for four years' R.I. with fine of Rs.1,000/-. In default of payment of fine, he was directed to undergo for two year's R.I. in addition.

(2.) THE prosecution's case, in short is that, on 28.10.2010 A.S.I. Ajit Singh (PW-2) had received an information at Police Station, Kolgawan that the appellant was ready to transfer some Ganja for sale and therefore, he recorded the information in Rojnamchasanah and summoned two witnesses. He informed the concerned C.S.P. on telephone but due to urgency, he could not get a search warrant. He left the police station after making a report of leaving in Rojnamchasanah. Thereafter, A.S.I. Ajit Singh reached to Shiv Chowk Kolgawan, District Satna and found the appellant. The appellant was informed about his right under Section 50 of the N.D.P.S. Act and he gave his consent that search could be taken by A.S.I. Ajit Singh. During his search, a bag was also searched kept by the appellant, wherein some Ganja was found. On weighing, it was found 2.5 kgs of Ganja kept in the bag. Samples were taken from the seized Ganja and thereafter, the samples as well as remaining Ganja were properly sealed. The appellant was arrested and a case was registered against him. The sample of Ganja was sent to the Forensic Science Laboratory for analysis. As per the report of Forensic Science Laboratory, the seized substance was found to be Ganja. After due investigation, a charge sheet was filed before the Special Court, Satna under the N.D.P.S. Act.

(3.) I have heard the learned counsel for the parties.