BIJJU Vs. STATE OF M.P

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) of Criminal Procedure Code has been filed by the appellant/accused being aggrieved by the judgment and finding dtd. 9/11/1998 passed by the learned Special Judge, Shahdol in Special Case No.20/1998(N) whereby the appellant/accused has been convicted under Ss. 20 (B)(i) of Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred as '˜NDPS Act'™) and sentenced to undergo R.I. for 3 years with fine of Rs.5000.00, with default stipulation of 6 months R.I.

(2.) The prosecution story in nutshell is that, on 10/6/1998, while patrolling, A.S.I.-Vijay Bahadur Singh received an information that the appellant/accused possessed contraband substance i.e. Ganja at Indwar Tiraha for selling purpose. He immediately rushed there along-with other officials and seized 1.5 Kg Ganja from the possession of appellant/accused which was kept in a carry bag, in the presence of two independent witnesses namely Dhanni (PW-1) and Kaushal Prasad (PW-2). He arrested the accused and registered the case for the offence punishable under NDPS Act.

(3.) After completing the investigation, the police filed the charge-sheet. The appellant/accused abjured the guilt and claimed to be tried; therefore, the trial Court proceeded further and recorded the statements of five prosecution witnesses as well as statement of appellant/accused under Sec. 313 of the Cr.P.C.