DEOSINGH KUNJLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE accused-petitioner Deosingh was prosecuted under section 34 (a) of the M. P. Excise Act, for allegedly being in possession of ganja, an excisable article without a licence, and convicted and sentenced to two months' rigorous imprisonment and a fine of Rs. 200 in default of payment of which to two months' further rigorous imprisonment. The conviction and sentence awarded to him by the trial Court have been upheld by the Sessions judge, Shivpuri, on appeal by him.

(2.) THE prosecution case is that on 9-7-1970 Shivkaran Dube (P. W. 6), head Constable of Police Station, Jigna, received information from an informer that the petitioner was carrying ganja in a bullock-cart. Consequently, he arranged a raid and held the accused while he was going on bullock-cart near chamaron-ka-Tapra. On being challenged by the Police-party, the accused produced a white bag in which ganja weighing 1 Kg. and 950 grams was found. A seizure-memo of the ganja was prepared at the spot and is marked Ex. P-3. Shivkaran Dube also recorded a first information report (Ex. P-4) at the Police station after the alleged recovery. In the course of trial the prosecution examined six witnesses. The accused denied having committed any offence and examined three witnesses in defence, in support of his plea that due to a quarrel between him and the Police-party on account of price of wheat sold by him, a false charge had been brought against him.

(3.) LEARNED counsel for the petitioner has urged that the conviction of the accused is unjust, improper and illegal inasmuch as it is not proved that the article alleged to have been recovered from the petitioner was ganja nor the recovery has been established.