SUBBALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE present revision petition is against the judgment dated 30th January, 1992, delivered by the Additional Sessions Judge, Mahendragarh, in Criminal Appeal No. 56/91 arising out of the judgment dated 3rd July, 1991, delivered by the Additional Chief Judicial Magistrate, Mahendragarh, in Criminal Case No. 969/89.

(2.) ACCORDING to the prosecution case, Ganja was recovered on 31.5.1986 from the possession of the applicant and on the basis of report of Excise Sub -Inspector Shri B.K. Singh (P.W. 1), the applicant was prosecuted for offence punishable under sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), 1985, as well as section 34 (a) of the M.P. Excise Act, 1915.

(3.) ON appeal, the lower appellate Court held the applicant -accused guilty and convicted him under sections 8/20 of the Act and section 34( a) of the Excise Act, 1915 and the sentence passed by the trial Magistrate under the Act was upheld. However, no separate punishment under section 34 (a) of the Excise Act was imposed.