AJAY KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) By means of filing the present appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant has assailed the judgment of conviction and sentence passed by the learned First Additional Sessions Judge, Mudwara, Katni (MP) in Special Case No.03/1995 decided on 27/12/1995. By the judgment under challenge, learned Sessions Judge convicted the appellant, hereinafter referred as 'the accused', under Section 20 (B) of NDPS Act and sentenced him to undergo R.I. for three years with fine of Rs.1000/ -, with default stipulation.

(2.) To appreciate the say of the appellant, I would like to say that basic case that was placed before the trial Court in nutshell is that on 17.5.1995 on receiving an information from the informant, a search was made by the Station House Officer, GRP Katni along with other officials and 10 Kg Ganja was seized from the possession of the appellant in presence of witnesses. According to prosecution, the appellant was found in suspicious condition under bridge of Platform No.2 along with a blue colour suitcase and on opening the same, 10 Kg contraband Ganja was recovered in presence of witnesses; Vishnu and Ajay. Seizure memo was prepared by Naib Tahsilar Rajeev Dixit in presence of aforesaid witnesses and signatures of these witnesses were obtained. The appellant was arrested and a case was registered against him and after completion of due investigation he has been charge - sheeted.

(3.) Accused/appellant abjured the guilt and contended that he has been falsely implicated, hence put to trial.