STATE OF MADHYA PRADESH Vs. UMASHANKER

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 11.2.1994 passed by learned Sessions Judge, Narsinghpur in Special case No.93/1993 whereby the respondent was acquitted from the charge of offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Prosecution's case, in short, is that, on 6.11.1993, Shri R.R.Dubey (P.W.4) the then SHO of Police Station Suatala was on road patrol. He got the intimation that the respondent Umashanker was transporting some Ganja and therefore, near a petrol pump, the respondent was detained who was coming from Rajmarg square. He was given an opportunity, so that he could get his search by a Gazetted officer or the Magistrate. With his consent, Shri Dubey took his search. In a bag carried by the respondent, 1.300 kgs of Ganja was found and a sum of Rs.18.50/ -was also found. All such property was seized by Shri Dubey and he prepared a seizure memo, Ex.P/1. Seized property was duly sealed. Property was sent to the Excise Sub Inspector Shri K.K.Singh (P.W.5) for its examination. Shri Singh found it to be a mixed sample of Ganja and Bhang. Thereafter, sealed property was sent for its analysis to the Forensic Science Laboratory, Sagar from where it was informed that the substance seized from the appellant was Ganja and therefore, a charge -sheet was submitted before the Sessions Judge/Special Judge under NDPS Act, Narsinghpur.

(2.) THE respondent abjured his guilt. He did not take any specified plea but, he has stated that he was a contractor of Bhang and he was falsely implicated in the matter. No defence evidence was adduced.

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