RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 30.10.1996 passed by learned Special Sessions Judge, Sehore in Special Case No.176/1995 convicting the appellant under Section 8(b) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act") and thereby sentencing him to suffer R.I. for 5 years and fine of Rs.10,000/-; in default further R.I. for 6 months, the appellant has taken the shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of the prosecution is that one Manoj Mishra, Station House In-charge of Police Station Jawar, Tehsil Ashta, District Sehore received an information on 7.8.1995 at 2.50 A.M. that in the field Survey No.500 which is being possessed by the appellant, the plants of cannabis (ganja) are planted for which he has no licence. After reducing the said information in the Roznamcha and after performing the necessary formalities the raiding party proceeded to the spot in the late night where in the presence of the appellant in Survey No.500, 155 plants of ganja were found planted. All the plants were uprooted and samples were taken out from the bulk of plants which were uprooted. The samples were sent to the FSL Examiner, who found the presence of the ganja in it.

(3.) The Investigating Agency arrested the appellant and after completing the investigation a charge-sheet was submitted in the Special Court who framed the charges punishable under Section 8(b)/20 of the Act, which the appellant denied and requested for the trial.