STATE OF MADHYA PRADESH Vs. SANTOSH TIWARI

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 30.1.1996 passed by the 3rd Additional Sessions Judge, Hoshangabad in S.T. No. 164/1995, whereby the respondent has been acquitted from the charge of offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the N.D.P.S. Act').

(2.) FACTS of the case, in short are that on 17.3.1995, SHO, GRP Itarasi had received an information that by Southern Express Train, the respondent Santosh Kumar was bringing some Ganja from Warangal and that train would come at platform no. 1 of Itarsi, Railway Station. At platform no. 1, the respondent Santosh Kumar and one Ramesh Mishra were caught with some Ganja. Case of Ramesh Mishra was filed separately. The respondent claimed his search from any Gazetted Officer and therefore, the investigation officer Shri Upendra Dixit (PW -3) contacted the SDM Itarsi, who sent a Tahsildar S.P. Tiwari (PW -4) to complete the procedure of seizure. Various notices were given to the respondent and memos were prepared. Thereafter, two packets of Ganja were recovered from the respondent. In one packet, 4 kgs. of Ganja was found and in another packet, 800 gms. of Ganja was found. Sample was taken from seized Ganja and duly sent to the Forensic Science Laboratory for analysis. In report Ex.P/16, it was found that the articles sent to the Forensic Science Laboratory was Ganja. After due investigation, the charge sheet was filed before the Special Judge and ultimately, case was transferred to the 3rd Additional Sessions Judge, Hoshangabad.

(3.) THE trial Court after considering the prosecution's evidence acquitted the respondent from the charges appended against him.