STATE OF MADHYA PRADESH Vs. SHAKIR MOHAMMAD @ BABBU

JUDGEMENT

(1.) HEARD on admission. The State has preferred an application for grant of leave to appeal against the judgment dated 28.10.2010 passed by Special Judge (NDPS) Sidhi in Special Case No. 67/2009 whereby the respondent was acquitted from the charge of offence punishable under Section 8 read with Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances ACT (hereinafter referred to as the "NDPS Act").

(2.) THE prosecution's case in short is that on 3.11.2009 A.S.I. Ramdev Urmaliya (PW 7), who was posted at Police Station Kamarji, Sidhi received an information that the applicant had some Ganja (cannabis) with him and therefore, after observing the various formalities, he went to the spot and recovered approximately 7.900 kg. of Ganja (cannabis) from the applicant. Various memos were prepared and after taking samples from the seized property the remaining seized property as well as the samples were sealed and handed over to the Moharir of the Malkhana of the concerned Police Station and thereafter, sent to the Forensic Science Laboratory where it was found that the sent sample was of Ganja (cannabis).

(3.) THE learned Special Judge after considering the prosecution's evidence acquitted the respondent.