HASAN SHAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 31-5-1997 passed by the Special Judge, Raisen in Special Case No. 193/93, whereby the ap­pellant has been convicted under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth "the Act') and has been sen­tenced to ten years' R.I. and fine of Rs. 1,00,000 (Rupees One Lac) in default S.I. for one year.

(2.) THE prosecution story is as follows. On 11-2-1993, at about 9 p.m., it is stated that the appellant had kept four kilograms of 'Bhang1 for sale. This information was received through the informer to the Police Sub-Inspector Shri R.N. Pandey. Garhi, Police Station Gairatganj. There­upon, the aforesaid Sub-Inspector went to the spot along with two witnesses PW-1, Suresh Kumar and PW-2, Arvind Kumar Chourasia. The appellant was found at Bus Stand Garhi in possession of four packets of Bhang containing one kilogram each in a bag which was being carried by the appellant. Accordingly, the contraband good was seized from the appel­lant as per Ex. P-1. Thereafter, a sample of the contraband good was sent for ex­amination to Forensic Science Labor­atory, Sagar and it was found that the good seized was Bhang. Thereafter, on 25-8-1993, the challan was filed before the Ses­sions Judge, Raisan who was presiding the Court as a Special Judge under 'the Act'.

(3.) IT is not disputed before me that PW-3. R.N. Pandey had not followed the provisions of Section 50 of 'the Act'. This is also the finding recorded by the trial Court in paragraph No. 8. The finding is to the effect that R.N. Pandey, PW-3 violated the provisions of Section 50 of 'the Act' because he did not know about the exist­ence of Section 50 of 'the Act'.