GHANSHYAM ALIAS MUNNA Vs. STATE OF M.P

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved with the judgment dated 1/12/1997 passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, Raisen in Special Case No.2/1996, whereby the appellant was convicted for commission of offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS Act") and sentenced for three months' simple imprisonment with fine of Rs.500/ -, in default of payment of fine, additional SI for one month.

(2.) THE prosecution's case, in short, is that on 7.10.1995 the SHO of Police Station Bharkachha District Raisen Shri S.K.Dixit (PW -1) was intimated that one person was going towards the village Gadarbas with Ganja, and therefore observing all the formalities he took independent witnesses Tantu (PW -2) and Deendayal (PW -3) and seized 200 gm Ganja from the appellant. The sample was taken from the seized Ganja and sent to the Forensic Science Laboratory (for short "FSL") and in the report Ex.P -8 of the FSL Ganja was found in the sample. After due investigation, a charge sheet was filed before the Special Judge, Raisen.

(3.) THE appellant -accused abjured his guilt. He did not take any specific defence, and therefore no defence was adduced.