BETA ALIAS RAM KINKER Vs. STATE OF MP

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused being aggrieved by the judgment dated 9.7.96 passed by the Special Judge (Constituted under the Narcotic Drugs and Psychotropic Substances Act, 1985) in Special Case No.88/95 convicting the appellant under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') with a direction to undergo for RI 2 years with fine of Rs.5000/-, in default of payment of fine, further RI one year. As per findings of the above mentioned judgment, the appellant was found in possession of 1.950 Kg of the contraband substance the Ganja.

(2.) The facts giving rise to this appeal in short are that on dated 10.8.95 Shri Phool Singh Tekam, Sub Inspect of Police, being posted as Incharge of Social Security Scott (Samajik Suraksha Dasta) Satna, received information from the informer that some unknown person, in a attachi, carrying contraband substance the Ganja, is standing at Dhawari Square. He apprised such information through telephone to City Superintendent of Police Satna and also endorsed the same in the Rojnamcha Sanha Ex.P/10 at police station Kotwali. Subsequent to it, accompanied with the staff member ASI N.P.Shrivastav, Head Constable Ramdev and four constables proceeded towards the aforesaid square where near the Girls School, he found the appellant with a attachi. At the same time City Superintendent of Police also reached there. In presence of such senior police officer and the independent witnesses, namely, Munna Singh alias Gopal (PW 2) and Prem Lal (PW 3), he took the consent of the appellant to carry-out his search and pursuant to that the same was carried out. In such search from the possession of the appellant a key was found by which the attachi was opened in which two packets covered with paper were found. Out of them, in one packet one k.g and in another packet 950 gram of contraband substance the Ganja was found. The same was seized and out of aforesaid both the seized packets, the sample of 30 grams were taken out. The samples and the remaining substance was sealed, Dehati Nalishi was drawn-up and thereafter the appellant was arrested. Subsequent to the aforesaid proceedings, he accompanied with accused and alleged substance came to the Police Station Kotwali, Satna where he endorsed his arrival in the Rojnamcha Sanha of such Police Station. He also informed about the arrest of the appellant and the seizure of the substance and Dehati Nalishi to the City Kotwali, on which, the FIR for the offence of section 20 of the Act was registered against the appellant. Thereafter the aforesaid samples of the seized substance were sent to the FSL Sagar for its chemical examination from where the report was received according to which the same was found to be the contraband substance the Ganja. After holding the investigation on establishing the prima facie circumstance against the appellant for the aforesaid offence, he was charge sheeted for his prosecution under the aforesaid section.

(3.) On evaluation of the charge-sheet, the charge of section 20 of the Act was framed against the appellant. He abjured the guilt, on which, the trial was held, after recording the evidence of the prosecution as well as the defence, on appreciation, after holding guilty to the appellant, he was punished with the sentence as mentioned above. The same is under challenge in this appeal.