MANJOOR AHMAD Vs. STATE OF M. P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of CrPC has been filed against the judgment dated 31.03.2004 passed by Special Judge, Bhind in S.T. No. 23/2002 by which the appellant has been convicted under Section 8/21 (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and has been sentenced to undergo the rigorous imprisonment of five years and a fine of Rs.20,000/- with default imprisonment.

(2.) The prosecution case necessary for the disposal of the present appeal in short are that on 29.10.2002, the SHO Police Station Daboh, District Bhind received an information from the informant that one person is standing along with his two wheeler bearing registration No.UP92-A-2946 near Galla Mandi, Daboh and is having smack in his illegal possession. Dilip Singh Yadav, SHO, Police Station Daboh went to the spot along with the police force and they found one person was standing who disclosed his name as Manzoor Ahmed Son of Mansoor Ali, Resident of Jalaun (UP). On search, 41 grams of smack was found from his possession. A sample of 5 grams of smack was separately seized and sealed whereas 36 grams of smack was seized and sealed in different packet. The appellant was arrested. The two wheeler along with the documents of registration were seized. A crime No.129/2002 for offence under Section 8/18 of NDPS Act was registered in Police Station Daboh, District Bhind. The seized sample of heroin was sent for chemical examination to FSL Sagar who on its chemical examination found that it was containing heroin. After completing the investigation, the police filed the charge sheet.

(3.) The Trial Court by order dated 06.01.2003 framed charge under Section 8/21 of NDPS Act.