JITENDRA PAWAR Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant u/s 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment dated 21/07/97 passed by Special Judge (N.D.P.S Act) Jabalpur in special case no. 21/97 whereby he has been convicted u/s 8 read with section 20 (1) of N.D.P.S. Act and sentenced to undergo RI for 3 years & fine of Rs. 2000/- in default to suffer further SI for 3 months.

(2.) The facts, in short, giving rise to this appeal are that on 19/02/97 Shivnaresh (PW-2), Assistant Sub Inspector Police Station Kirnapur received a secret information that appellant is having in possession of contraband. Shivnaresh registered the aforesaid information in Roznamcha sanha and informed his superior officers in this regard. Thereafter, he intercepted the appellant at the place (Bhandara). He took his consent for search to be made by him and prepared his consent panchnama (Exhibit P-2). On search of appellant about 260 gms of ganja found in his pocket. Seizure panchnama was prepared before the panch witnesses. Appellant has been arrested.

(3.) Appellant abjured the guilt and pleaded false implication. After appreciation of evidence on record trial Court recorded the conviction and sentence as mentioned hereinabove. Hence, this appeal.