RAVI AND ANR. Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the conviction of the accused/appellants for offence punishable under Section 20(b) (i) of Narcotic Drugs and Psychotropic Substances Act and sentence of R.I. for 4 years and fine of Rs. 3,000 for the said offence imposed by judgment dated 4-11-95 in S.T No. 114/94 of the Court of Sessions Judge, Hoshangabad.

(2.) THE prosecution case stated in brief is that, on 13-4-94 information was received that, the co-accused Shankarlal, who resides at Sardar Ward in the house of Urmila Bai had 'Ganja' in his possession. The Sub-Inspector Naval Singh thereafter called Gazetted Officer M.L. Urvasha (PW6) and went to the house of Shankarlal. On taking search 'Ganja' kept in 2 suit cases and a carton was found in the house of Shankarlal. The accused/appellants were also present in that house. The seizure memo (Ex. P-1) of the seized Ganja was prepared. The seized Ganja was sent for chemical ex­amination and was confirmed to be Ganja. Afte; completion of usual formalities, the present charge-sheet was filed against the accused/appellants and co-accused Shankarlal.

(3.) LEARNED Counsel for appellants has urged that, there is absolutely no evidence that the accused/appellants were in posses­sion of the seized Ganja and that mere presence in the house of Shankarlal would not give rise to any presumption of their possession of the seized Ganja. As against his, learned Counsel for respondent/State has supported the impugned judgment and finding of guilt against the accused/appel­lants.