NETRAM LODHI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by the judgment of the trial Court dated 29.4.2004 by which, he has been convicted for offence punishable under section 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act'), and has been sentenced to two years rigorous imprisonment with fine of Rs. 500/-.

(2.) The prosecution story is that the accused was caught while attempting to escape and on search, was found to be carrying 40 grams of smack in the sole of his shoes. He was searched in front of witnesses. The substance seized from him was sent for analysis and was found to be smack and that all the procedure prescribed by the provisions of law namely Sections 42, 43 and 50 of the Act etc., were complied with.

(3.) The Court below on the basis of the analysis of statements of investigating officer S.S. Rajpoot (PW.7) and the officer who had apprehended the accused and the other witnesses namely; Roshanlal (PW.5), Pyrelal Sahu, Head Constable (PW.6), Shobharam, Head Constable (PW.8) and Mukesh Khampariya (PW.9) has recorded a finding to the effect that the appellant was guilty of the offences punishable under section 8/21 of the Act. The Court below after analysis of the documentary and oral evidence has found that the accused/appellant was caught while he was attempting to escape and was searched in front of the public; that he gave his consent vide Ex.P/3 for being searched by S.S. Rajpoot (PW.7); the substance seized from him was sealed and sent for analysis in accordance with the provisions of law while the remaining was preserved in the malkhana as provided under Section 55 of the Act and that the entire investigation was conducted in accordance with the procedure prescribed by law. The Court below has also arrived at a finding on the basis of statements of the witnesses and the documentary evidence on record, that the smack was seized from the appellant and therefore, he is guilty as charged.