MANOJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 374 of Cr.P.C. against the judgment dated 18/03/2010 passed in S.S.T. NO. 03/09 by Special Judge (NDPS Act) Sheopur; whereby appellant has been convicted for the offence punishable under Section 20 (ii) (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced to undergo RI for 10 years with fine of Rs. 1,00,000/- with default stipulation.

(2.) THE brief facts of the case are that on 24/5/2008 on an information of informer, Sub-Inspector-Ku. Jyoti Nigam (PW/6),Police Station Kotwali Sheopur, after recording the information, searched the appellant accused near Salapura Graveyard and seized about 28 kilo 200 grams of Ganja from the bag in possession of the appellant. After taking two samples of 50 grams each and preparing necessary panchnamas, challan has been filed against the appellant and learned trial Court after trial of the appellant, convicted and sentenced him as stated in para 1 of this judgment.

(3.) LEARNED counsel for the appellant has drawn attention of this Court towards the fact that learned trial Court has convicted the appellant on the basis of evidence of Sub Inspector Jyoti Nigam (PW/6) and Brijraj Singh (PW/2), police constable who has not signed on any document prepared by Ku. Jyoti Nigam (PW/6). LEARNED counsel for the appellant has further drawn attention of this Court towards the contradictions in the statement of above two witnesses. According to PW/6, Sub Inspector � Jyoti Nigam , Panch witness and Rajak have been called for weighing the articles to be seized and thereafter she with police force rushed towards the spot. While PW/2-Brijraj Singh has stated that both the witnesses were met them in the way and for weighing, a man was called on telephone and he also met him in the way. Both the witnesses met them near Madhopur Bus Stand and Rajak was also taken from the same spot.