SIRAMATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment dated 26.05.2000 passed by the Special Judge, Sidhi (under N.D.P.S. Act) in Special Case No.107/99, whereby appellant/accused has been convicted under Section 20(B)(1) of N.D.P.S. Act and sentenced to suffer RI for six months, fine of Rs.1000/- and in default further RI for three months.

(2.) As per prosecution story, on 09.11.1999 after following the legal requirements in the case, appellant/accused and her house was searched and from her unauthorized possession 200 gms ganja, one scale and weights were found. Cash of Rs.18,000/- were also found in a bag. From the seized ganja, two samples of 25 gms each were taken and the samples were sent for chemical examination and after getting the report of Chemical Examiner, the appellant/accused was prosecuted before the Special Court for commission of offence punishable under Section 20(B)(1) of N.D.P.S. Act in Crime No. 455/99 registered at Police Station Waidhan.

(3.) Before the trial Court, appellant/accused abjured the guilt of the charge and her defence was that she was falsely implicated in the case. Learned trial Court after the trial found the charge proved beyond the reasonable doubt and convicted and sentenced the appellant/accused accordingly.