NANDU @ ANAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 12.11.2010 passed by the learned Special Judge under Narcotic Drugs and Psychotropic Substance Act (in short 'NDPS Act'), Shahdol in special case No.22/2008, whereby the appellant was convicted for offence punishable under section 20 (b) (ii) (B) of NDPS Act and sentenced for 7 years rigorous imprisonment with fine of Rs.50,000/ -. In default of payment of fine, further rigorous imprisonment for 6 months.

(2.) The prosecution's case, in short, is that, ASI Shri Rajendra Prasad Tripathi (P.W.9) was posted at Police Station Amlai, District Shahdol. On 24.6.2008 when he was on patrolling duty towards Kotma road, after making entry in the Rojnamacha, Ex.P/7, he was intimated that the appellant Nandu @ Anand was having some Ganja in his cotton bag and he was transporting the same. Shri Tripathi summoned the witnesses Surendra Jain (P.W.6) and Vijay Singh (P.W.5) and told them about the intimation. A memo of intimation Ex.P/10 was recorded and an intimation was sent by a letter Ex.P/9 to SDOP, Dhanpuri. Since SDOP was not available in his office and there was no time to get the search warrant, therefore, ASI Shri Rajendra Prasad Tripathi alongwith the witnesses and constable Shri Gulam Hussain (P.W.4) and other police officers went to the way from where the appellant was expected to come. On that road, the appellant came from the opposite side after 15 to 20 minutes. He was detained and he was informed that he could get his search either by a Gazetted officer of by a Magistrate. Consent memo, Ex.P/13 and Ex.P/16 were prepared. On taking search, 1.500 kgs of Ganja was found from the appellant. Ganja was duly weighed and various memos were prepared. Two samples were taken from the seized Ganja and after sealing the entire property and samples, property was handed over to H.C. Shri Sunder Lal Tiwari (P.W.2) to deposit in the Malkhana of Police Station Amlai. Thereafter, the samples were sent to Forensic Science Laboratory, Sagar with help of constable Jevendra Singh (P.W.8) on 26.6.2008. In the report of Forensic Science Laboratory, Ex.P/27, the seized substance was found to be Ganja.

(3.) After considering the prosecution's evidence, the learned Special Judge convicted and sentenced the appellant as mentioned above.