SURESH CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant in this appeal challenges his conviction Under Section 8-C read with Section 20b (1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter the said Act) and sentence of four years R. I. and a fine of Rs. 5,000. 00 in default R. I. for one year, recorded vide judgment dated 25-7-1991 in Special Criminal Case No. 24/94 by Special Judge Jabalpur, Shri N. S. Azad.

(2.) THE prosecution case is that on 28-3-1994 at 9. 10 P. M. Shri U. S. Sikarwar (PW-3), Station House Officer Lordganj, while on patrol received information that the appellant had kept illicit Ganja in his house for sale. On receiving this information, Shri Sikarwar accompanied by Asstt. Sub-Inspector of Police Shri N. P. Tiwari (not examined) and Head Constable Shri Krishna Kumar (PW-1) went to Niwadganj where the appellant resides. Appellant's house was searched by Shri Sikarwar in presence of independent witnesses, namely, Mahesh Prasad (PW-1) and Sudesh Jain (PW-2 ). Inside the room an attache containing 7 Kgs. of Ganja was found. The case was seized vide Ex. P-2. The appellant was arrested and at the police station F. I. R. (Ex. P-6) was recorded by Shri Sikarwar. The contraband was sent for chemical examination to Doctor Subhash Pathak, Asstt. Chemical Examiner, F. S. L. Jabalpur, vide Memorandum EX P-8 The Said Doctor Confirmed the sample being Gania.

(3.) THE defence consists of outright denial of the prosecution allegation.