SHAILENDRA SINGH PARIHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 29.12.2012 passed by the learned Special Judge under SC/ST (Prevention of Atrocities Act) in Special Case No. 3/2011, whereby he was convicted for the offences punishable under Sections 8/20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred as "the N.D.P.S. Act") and sentenced for four years R.I. with fine of Rs. 1,000/ -. In default of payment of fine, two months R.I. was also directed.

(2.) THE prosecution's case in short is that on 25.12.2010 an information was received by ASI D.P. Mishra of Police Station Kolgawan, District Satna that the appellant was transporting some Ganja for sale and therefore, by adopting all the procedures, he went to the spot alongwith the witnesses. He found two kgs. of Ganja with the appellant and therefore, various procedures like seizure, weighing of Ganja, sealing and taking the samples were adopted by the investigation officer and samples were sent to the Forensic Science Laboratory. In report of the Forensic Science Laboratory, it was found that the sample was of Ganja and therefore, a charge sheet was filed against the appellant.

(3.) AFTER considering the prosecution's evidence, the learned Special Judge, Satna vide aforesaid judgment, convicted and sentenced the appellant as mentioned above.