ANGAD SINGH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 27.3.2012 passed by Special Judge under NDPS Act, Satna in Special case No.80/2009, by which the appellant was convicted for offence punishable under section 8 (b) read with section 20 (a) (i) of NDPS Act and sentenced to Rigorous Imprisonment for 4 years with fine of Rs.1,000/-. In default of payment of fine, he was to undergo for 2 months Rigorous imprisonment in addition to the jail sentence.

(2.) PROSECUTION's case, in short, is that, on 22.10.2009, SO Ramnagar, District Satna Shri Arvind Tiwari (P.W.6) got an information from an informer that the appellant had cultivated Ganja in his Badi situated behind his house in village Gidhaila, Police Station Ramnagar. Shri Tiwari made various Panchnamas relating to information, reasons for not getting search warrant and thereafter he went to the spot with police force and various independent witnesses namely Kamalbhan (P.W.3), Suryabhan Singh (P.W.4) etc. In the Badi of the appellant, one plant of Ganja was found, which was 85 inches long. Various Panchnamas relating to seizure etc. were prepared by Shri Arvind Tiwari. The appellant was also arrested. After due investigation, charge-sheet was filed before the Special Court, Satna.

(3.) HEARD the learned counsel for the parties.