PAPPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred being aggrieved by the judgment, finding and sentence dated 4-3-1993 passed by the Special Judge, Sagar in special Case No. 2/92 whereby the accused/appellant has been convicted under section 8 (c)/20 (b) (i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') and sentenced R. I. for one year and fine of Rs. 2,000/- in default of payment of fine to undergo further R. I. for one year.

(2.) THE prosecution case in brief is that on 27-1-1992 at 22:30 p. m. R. P. Rawat, Sub Inspector of Kotwali, Sagar during the course of his patrolling in the city received an information that Pappu Raikwar is selling ganja near Paras talkies. On this information he went there along with Constable Nos. 279,1289, 152 and laid raid in the presence of witnesses Manikant Bilaiya and Satish kumar Soni who were available on the spot and seized 8pudiya (small packets), rs. 56/- the amount of sale price of ganja from the pocket of the pant and 13 pudiya (small packets) ganja from his Bajaj Priya Scooter. Thus total 65 grams ganja was seized. The accused was arrested. The FIR was recorded wherein the crime No. 57/92 under Section 8/20, NDPS Act was registered against the accused. The seized articles were sent for chemical analysis of FSL, Sagar. The report from FSL, Sagar confirmed the seized articles to be ganja. After completing the investigation charge-sheet was filed.

(3.) THE accused was charged under Section 8 (c) read with Section 20 (b) (i) of the Act alleging that on 27-1-92 he was found in possession of 65 grams ganja without any valid licence.