BUDDHULAL @ BABLU AHIRWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment shall govern the disposal of this appeal as well as Criminal Appeal No. 1537/2003, Saju Joshep @ Milton and another vs. State of M.P. as both the appeals arise out of the same judgment and order.

(2.) APPELLANTS have been convicted under section 8/20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") and sentenced to R.I. for seven years and fine of Rs. 10,000/ -, vide impugned judgment dated 25 -7 -2003 passed by the Special Judge, Sehore, in Special Case No. 28/2000.

(3.) THE facts of the case lie within a narrow compass. On 14 -8 -2000, Assistant Sub Inspector R.S. Dubey, who was in -charge of police station Nasrullaganj in the absence of Sub -Inspector B.S. Rajpoot, got information on telephone that in a white Tempo Trax vehicle contraband article (Ganja) was being transported from Rehati towards the Nasrullaganj. The information was recorded in writing. A report to that effect was also recorded in Rojnamcha. The superior officer was apprised about the same. The A.S.I, collected some policemen and proceeded to the main. They sighted white Tempo Trax No. MP09 -8948 which was then driven by appellant Buddhulal. Appellant Narendra was sitting in the front seat by the side of driver Buddhulal and appellant Saju Joseph and Surendra were seated in the back seat of the vehicle. They stopped the vehicle, checked it and found two gunny bags placed inside the vehicle. When the gunny bags were opened, contraband article (Ganja) was found concealed therein. The weight of the ganja found in one gunny bag was 16kg 200 grams and the weight of the ganja found in other gunny bag was 4 kg. 900 grams. Out of the seized Ganja 48 grams of ganja was separately seized from each gunny bag and four packets of 24 grams were prepared separately. The vehicle was also seized.