KHILAWAN SINGH 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 21.9.1991 passed by the Special Judge, Panna in Special Case No.51/91 whereby the appellant has been convicted under section 20(a)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to RI for 5 years with fine of Rs.1,000/ - in default of payment of fine six months SI.

(2.) THE prosecution case in short is that on 25.4.1991 at 5:30 p.m. Ramkhilawan, Sub -Inspector Police of Police Station Devendra Nagar received the information on patrolling at village Makri that the cannabis plants have been cultivated in the Badi belonging to Khilawan Singh. On the basis of this information, he, alongwith two constables and the witnesses Mulayam Singh, Kallu and Jhallu, went there where seven cannabis plants were found. The witnesses identified them as the cannabis plants. The plants were got removed by appellant and were seized vide seizure memo Ex.P -2, arrested him and after returning at Police Station Devendra Nagar wrote the FIR wherein the Crime No.60/91 under section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and 34 of Excise Act was registered. Map was prepared. The statements of witnesses were recorded. The seized articles were sent to Government Opium and Alkaloid Works, Neemuch (M.P.) from where the report was received. The sample was found of ganja (cannabis plants). After completing the investigation, the charge -sheet was filed in the Special Court, Panna on 25.6.1991.

(3.) THE appellant abjured the guilt and claimed to be tried mainly contending that he has been falsely implicated.