MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under Sec. 374(2) of CrPC against judgment and order dtd. 5/3/2022 passed by Special Judge, (NDPS), Jabalpur in Special Case No.42/2016, whereby the appellant is held guilty under Sec. 8/20(b)(ii))(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo 2 1/2 years' R.I. with fine of Rs.10,000.00 and in default of payment of fine, to suffer 2 months' R.I. for having 2 kgs and 150 grams of cannabis (Ganja) in his illegal possession.

(2.) Facts giving rise to the present appeal are that on 27/9/2016, Sub-Inspector Mahima Raghuwanshi (PW7), Police Station Ranjhi, while she was on duty, received an information that Munna @ Munnu Pandit (appellant) who runs a kirana shop in his house, has brought contraband from somewhere and has kept it in his house unlawfully. She entered the information in Roznamcha-sana; directed Constable Sanjay to call two independent witnesses, who came back with Jagdish and Bablu @ Balkishan, intimated her senior officer C.S.P. Ranjhi, prepared panchnama of not obtaining for search warrant due to paucity of time and proceeded towards the spot along with the force, independent witnesses and with all paraphernalia. On the spot i.e. appellant's house, she found him sitting at his shop. She intimated him regarding the information received as well as about his right of search to be taken in presence of a nearest Magistrate or a Gazetted Officer. After obtaining his consent to be searched by herself, she first gave her own search and search of her police team along with search of independent witnesses and thereafter, searched him personally. Nothing was found in his personal search. Thereafter, she searched his house as well as kirana shop and found a white-yellow bag kept near the platform of kirana shop. On search, it was found that the bag was containing 'Ganja' as she could identify by their looks and strong smell. Total quantity of Ganja was found to be 2.150 kgs. The contraband was homogenized and two samples of 50 grams each were taken out. Samples as well as remaining Ganja were duly sealed and after completion of the exercise, the accused was arrested. She recorded Dehati Nalishi. The contraband along with the accused were brought to the Police Station, where Crime No.515/2016 for the offence under Sec. 8/20 of the Act was registered. The samples were sent to Forensic Science Laboratory, Bhopal. Corresponding report indicated that the samples contained Ganja. All the proceedings taken on and off the spot as well as steps taken at pre and post recovery were documented. On completion of the investigation, the police filed charge-sheet.

(3.) Following documents were prepared during the entire process of alleged search and seizure of the contraband : <FRM>JUDGEMENT_104_LAWS(MPH)7_2022_1.html</FRM>