DEVSHARAN TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 30.9.2011, passed by Special Judge, NDPS Act, Satna in Special Case No.7/2009 whereby he was convicted for offence punishable under Section 8 read with Section 20(a)(i) of the NDPS Act, 1985 and sentenced for four years rigorous imprisonment with fine of Rs.1000/-. It was further directed that he shall undergo for two months additional rigorous imprisonment in default of payment of fine.

(2.) THE prosecution's story in short is that Shri R.P. Mishra (P.W.8) SHO, Police Station Barondha, District Satna had received an information in the morning of 23.9.2007 that the applicant had cultivated some plants of cannabis. After recording the memo of information and making entries in the Rojnamcha, Shri Mishra with the Police Force left the Police Station at about 10.00 a.m in the morning. He also summoned two witnesses and intimation was given to them. Intimation was also sent to SDOP, Chitrakut but, he was not available in the office and therefore, intimation was given to the Reader of the SDOP. Under such circumstances, Shri Mishra could not get the search warrant. After reaching the spot, a notice was given to the appellant that search may be taken in the presence of the Magistrate or Gazetted Officer but, he agreed to get the search by Shri Mishra. In the courtyard of the house of the appellant, four plants of cannabis was found and they were duly seized. Their weight was found to be 5 kg. 950 gms. They were duly sealed and two samples of 100 gms each were separated. Various memos were prepared according to the rules and provisions of the Act. A spot map Ex.P/17 was also prepared. Sample was sent to the Forensic Science Laboratory and reports Ex.P/39 and Ex.P/40 were received from Forensic Science Laboratory. Ultimately after due investigation charge sheet was filed before the Special Court, NDPS Act Satna.

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