AJEEMUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of judgment dated 14th August, 1986, delivered by AddI. Sessions Judge, Nee much in S.T. No. 88/86.

(2.) The appellant stands convicted on two counts a. for being found in possession 900 gms of Ganja (cannabis hemp), he has been sentenced to undergo six months R.I. with fine of Rs. 50/- or in default of payment of fine, to suffer fifteen days simple imprisonment. b. For being found in possession of 50 gms. of charas cannabis hashish, he has been sentenced to undergo 10 years R.I. with fine of Rs. 1,00,000/- or in-default of payment of fine to suffer five years R.I. under section 20-B(i) and (ii) of the N.D.P.S. Act, respectively.

(3.) Prosecution case in brief was that on 28.5.1985 on receipt of credible information to the effect that Ganja and Charas was stored in the appellants house admittedly in his absence. On search 900 gms of Ganja and 50 gms of Charas were recovered in two separate containers kept at different places. Since the appellant was not present, his monor son who was present in the house was arrested and has also been prosecuted for the above offence before the Juvenile Court.