CHHOTELAL SINGH PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THROUGH this appeal appellant Chhotelal Singh Patel has assailed the judgment dated 20/03/2008 passed by learned Special Judge, NDPS Act, Satna in Special Case No. 5/05, whereby he has been convicted and sentenced in the manner stated here -in -after: -

(2.) THE prosecution case in short is that on 15/03/2005, at 2.45 PM, the SHO of PS -Rampur Baghelan received an information that appellant Chhotelal and one Mahavir Singh kept Ganja illegally inside their house and are used to sell the same. After receiving information, the SHO prepared a Panchnama and a raid was made. Police party found father of the appellant in the house who disclosed the fact that appellant had gone to cultivate the field. The appellant was called and information with regard to his search was supplied to him and after taking consent of the appellant, search of the house was taken and four bags of Ganja were recovered. Handspring balance was also recovered from another room. The alleged contraband article was measured and the same was found 66.200 kg. Out of seized quantity of Ganja, two samples of 100 gms were taken out for its chemical examination and were sent to FSL, Sagar . After recording the statement of prosecution witnesses and completing the investigation, the police charge sheeted the appellant and co -accused Mahavir Singh.

(3.) THE learned Special Judge acquitted co -accused Mahavir Singh by giving him benefit of doubt, but held the appellant guilty for the offence punishable under Section 20 -B II(C) of N.D.P.S. Act, convicted and sentenced him on the counts mentioned in above para.