RAJEEV JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 20/09/1996 passed by Special Judge, Damoh in Special Case No. 118/1993 convicting the appellant under section 8/20(b)(1) of the Narcotic Drugs and Psychotropic Substance Act (in short NDPS Act) for having unauthorized possession of 900 gms of cannabis (Ganja) and sentenced to 1 1/2 years R.I and with fine of Rs.5000/-.

(2.) According to prosecution on 11/07/1993 S.A. Urmaliya (PW- 4) Excise Inspector, along with team apprehended the appellant in follow up action taken by him, on the basis of information of Mukbir. Appellant was found having in possession of 900 gms of cannabis. Appellant was reminded of his right of search to be made by gazetted officer. After that search was made by PW-4 himself. PW-4 also confirmed the item to be cannabis by physical test applied on it i.e by appearance, smell and taste etc of contraband. Vide Ex.P-5 Arrest Memo, appellant was arrested. Contraband seized, was packed and sealed after admeasuring its weight. During the course of investigation, contraband was sent for further examination to Forensic Science Laboratory. After completing investigation, police submitted charge sheet against the appellant.

(3.) Trial court framed charges under section 8/20 of NDPS Act. Appellant abjured guilt. To substantiate the case of prosecution, statements of Nandkishore (PW-1), Raju (PW-2), Munna (PW-3), S.A. Urmaliya, Sub Inspector-Excise (PW-4), and Ramdayal Yadav, Constable Excise (PW-5) were recorded.