MAHENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 21.8.2001 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances, Act [hereinafter it shall be referred to as the Act, 1985], in Special ST No. 5/2000 by which the appellant has been convicted under section 8/20 (b) (i) of" the Act, 1985 and sentenced to undergo rigorous imprisonment for four years with a fine of Rs. 4,000/ - with default stipulation.

(2.) IN short, the facts of the case are that on 1.9.2000, the complainant G.A. Khan, ASI, out -post Ruthiai, got information from the informant that the appellant is having contraband articles in his possession. The entry in the roznamcha sanha was made and the matter was informed to the SDOP on telephone. Then went to the spot alongwith the force near the Railway Station. The party went to the house of the appellant and informed about the facts for illegal possession and plantation of Ganja plants. Consent was obtained from the appellant and the house of the appellant was searched. 750 gms Ganja was recovered alongwith cash of Rs. 1,891. In the garden also, 8 plants of Ganja were also found. The panchnama was prepared and two samples of 25 gms each of Ganja and 50 gm leaves of Ganja plant were taken as sample. Dehati Nalisi was written at the spot. The appellant was arrested. FIR was written and the seized articles were sent for chemical analysis. It was confirmed that the articles which were sent for examination were Ganja and the plants of Ganja. The trial Court after completion of trial convicted the appellant as stated in para one of this judgment.

(3.) IT is submitted on behalf of the respondent/State that the trial Court has rightly convicted the appellant.