ABDUL GANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE two appeals are preferred by two accused persons jointly who were tried in Special Case No. 2/97 by Sessions Judge, Mandsaur. The accused persons are convicted for 10 years R. I. each and fine Rs. 1 lac each, in default, further R. I. of two years R. I. each for the offence under Section 8/21 of the narcotic Drugs and Psychotropic Substances Act (in short "the Act" ).

(2.) IN brief the case of prosecution is that police station Incharge A. K. Mishra stopped the motorcycle which was being driven by accused Raees on which accused Abdul Gani was a pillion rider. The station officer Incharge A. K. Mishra stopped the motorcycle as he was informed by the informant that somebody is carrying Brown Sugar on a motorcycle. According to the prosecution, accused Abdul Gani was holding a box in which a plastic bag was kept which was containing the Brown Sugar. A notice under Section 50 of the Act was given and from the bulk, two samples of contraband article of 20 gms each were taken out and sealed and were sent to chemical examiner. Since the presence of Brown sugar was found in the sample, accused persons were charge-sheeted and were tried.

(3.) THE Trial Court on going through the charge-sheet framed charge punishable under Section 8/21 of the Act which the accused persons denied.