SUNDERLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374 (2) of Cr. P. C. being aggrieved by the judgment dated 27. 11. 1990 passed by 2nd ASJ Chhatarpur in Special Case No. 1/89 convicting the appellants under Section 8 r/w 20 of Narcotic Drugs and Psychotropic Substance Act and sentenced for three years RI with fine of Rs. 1,000/-, in default for further three months RI.

(2.) AS per allegation of prosecution on 15. 11. 1989 the appellants were carrying the contraband substance Ganja on a bicycle for selling the same to Sumranlal licensee of "bhang" a Psychotropic Substance. On receiving information by K. M. Chourasia, Sub-inspector, Excise, raid the house of Sumranlal with his staff and panch witnesses at that time the appellant Sundarlal ran away from the window after throwing the bag of Ganja in the house while other appellant Nahid was caught hold with aforesaid substance Ganja two kg. in quantity alongwith his bicycle. The seizure memo (Ex. P. 1) was prepared, the same was identified as Ganja on examination by said Sub-inspector. Such report was endorsed at the back side of seizure memo (Ex. P. 1), subsequent to it on 24. 11. 1989 the appellant Sundar Lal was arrested and a complaint case was initiated against the appellants under Section 34-A of M. P. Excise Act read with Section 16/20 of Narcotic Drugs and Psychotropic Substance Act (In short "ndps Act" ).

(3.) THE charges under Section 8/20 of NDPS Act were framed against both the appellant. On denying the same trial was proceeded, The prosecution has examined as many as 3 witnesses in support of the case while no one has been examined on behalf of the appellants in their defence. At the stage of appreciation of evidence the appellants were found guilty under Section 8 r/w 20 of NDPS Act and sentenced as said above. Hence, this appeal is preferred at the instance of accused/appellants.