LALLA @ RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 30/3/2009 passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, Katni in Special Case No.32/2008, whereby the appellant was convicted for commission of offence punishable under Section 8 read with Section 20(b) of Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act") and sentenced for three years' rigorous imprisonment with fine of Rs.20,000.00. In default of payment of fine amount, six months' RI was also directed.

(2.) THE prosecution's case, in short, is that on 22.11.2007 Sub Inspector A.V.Singh of Police Station Katni received an information that the appellant kept some Ganja in his house, therefore after adopting the entire procedure, 5.500 kg Ganja was seized from the appellant. The sample was procured and the entire property was duly sealed. The sample was sent to the Forensic Science Laboratory. From its report, it was established that the seized property was Ganja. After due investigation, a charge sheet was filed before the Special Judge, Katni.

(3.) THE learned Special Judge after considering the evidence adduced by the parties convicted the appellant for the offence under Section 8 read with Section 20(b) of the NDPS Act and sentenced him as mentioned above.