RADHESHYAM MOURYA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Radheshyam has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 26.03.2010 passed by the learned First Additional Sessions Judge and Special Judge, Katni (M.P.), in Special Case No. 333/2008 (State of M.P. vs. Radheshyam), whereby the appellant was convicted under Section 8/20 B of Narcotics Drugs and Psychotropic Substances Act (61 of 1985), in short "the N.D.P.S. Act", and awarded a punishment of rigorous imprisonment of seven years and fine of Rs.50,000/ - (Fifty Thousand), in default of payment of fine, further to suffer one year's rigorous imprisonment.

(2.) THE prosecution case: - on dated 30.09.2008 Shri K.L. Patel was posted as A.S.I. at Police Station Kuthala, District Katni, when he received telephonic information that the appellant Radheshyam has kept illegal Ganja in his Dhaba. On this information Shri Patel did the investigation and mentioned the details in dehati nalishi, which reads as under: - <IMG>JUDGEMENT_234_JLJ1_2014.jpg</IMG>

(3.) THE learned trial Court framed the charge against appellant for commission of offence punishable under Section 8/20 of the Act. The appellant pleaded not guilty, therefore, he was put to trial. The prosecution examined twelve witnesses and produced documents Ex.P/1 to Ex.P/36.