NANNU Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 20.10.1993 passed by the Special Judge, Damoh in Special Case No. 116/92 whereby the appellant has been convicted under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to R.I. for one year with fine of Rs.1,000/- in default to further undergo S.I. for one month.

(2.) The prosecution case in short is that on 30.12.1990 at 5:00 p.m. Shri M.L.Verma, S.H.O., Batiyagarh was on patrolling at village Bakayan where he received an information that the appellant is selling ganja in front of his shop. On this information, he made the raid with witnesses Govind and Teerath and 100 grams of ganja was recovered from his possession vide seizure memo Ex.P/1. Dehati Nalici was written wherein Crime No.0/90 under Section 34 of M.P. Excise Act was registered. The appellant was arrested. After returning therefrom the F.I.R. was written at police station Batiyagarh wherein the Crime No. 166/90 under Section 34 of M.P. Excise Act was registered. The statements of the witnesses were recorded. On 31.12.1990 the seized article Was sent for chemical examination to Excise Inspector, Hata and the query was also made that whether the seized article was ganja or not. G.P.Bagdi (PW-4) examined it and reported that the examined article was cannabis plants and it was giving the smell of bhang. After completing the investigation, the charge sheet was filed before the Special Judge, Panna.

(3.) The appellant was charged under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 that on 30.12.1990 at 5:10 p.m. at village Bakayan he was found in possession of ganja for selling without any licence.