STATE OF MADHYA PRADESH Vs. VINOD SINGH

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 31.1.1996 passed by the Third Additional Sessions Judge, Hoshangabad in ST No.99 of 1995 whereby the respondent was acquitted from the charges of offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter it is referred as the 'NDPS Act')

(2.) PROSECUTION's case, in short, is that on 21.2.1995 ASI Mohanlal Patel (PW4) of police station Itarasi had received an information that the respondent was taking some Ganja (cannabis) in his Airbag towards Bheelakhedi, Police Station Itarsi. He prepared a memo of information and intimated the SDOP concerned. He went to the spot by a private jeep after taking two witnesses and some force. On intimation of the informer, a notice under Section 50 of the NDPS Act was given to the respondent and thereafter, with his consent a search was taken. In his Airbag more than 13 kgm of Ganja was found. Shri Patel took two samples of 50 gm each from all the three packets and sealed them Remaining Ganja was also sealed and seized. separately. The respondent was arrested and brought to the Police Station, Itarsi (Dehat). A case was registered. Thereafter the sample of Ganja was sent to the Forensic Science Laboratory, Gwalior from where a report Ex.P/12 was received by which it was apparent that the seized substance was Ganja (the cannabis). After due investigation a charge sheet was filed before the Special Court (The Sessions Judge) Hoshangabad.

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