RAMU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 7th October, 2008 passed by the Special Judge (N.D.P.S. Act), Balaghat in Special Case No.7/08, whereby the appellant was convicted for the offence punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced for seven years' R.I. with fine of Rs.50,000/-. In default of payment of fine, he was directed to undergo for two year's R.I. in addition.

(2.) THE prosecution's case, in short is that, on 18.3.2008 an intimation was received by the S.H.O. Police Station, Waraseoni District Balaghat that the appellant kept some Ganja in his shop. Various memos were prepared and intimation was recorded in the Rojnamcha Sanah and Higher Authorities were also informed. S.D.O.P. Waraseoni was also informed by a mobile phone but due to urgency, no search warrant could be obtained. Two independent witnesses namely Dilip (PW-2) & Nand Kishore (PW-3) were called at Police Station. THEreafter, S.H.O. R.D. Dwivedi (PW-8) alongwith the police force and the witnesses went to the house of the appellant and he was given an opportunity that he could get his search in front of any Magistrate or Gazetted Officer. THEreafter, his search was taken. In search of his shop, some small sachets were found in a bag, which was kept in a rack. Those sachet were filled by Ganja. Total 10.6 kgs of Ganja was found. 100 gms. of Ganja was taken as a sample in the entire quantity of Ganja and three sachets were taken as samples and the appellant was arrested. Entire seized property was kept in the Malkhana and thereafter, it was sent to the Forensic Science Laboratory, Sagar for analysis. As per the report of Forensic Science Laboratory, the seized substance was found to be Ganja. After due investigation, a charge sheet was filed before the Special Judge, Balaghat.

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