SOHANLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) ACCUSED -appellant has directed this appeal from jail against the judgment and order of sentence dated 8th February, 1996 rendered by Special Judge and I Additional Sessions Judge, Neemuch district Mandsaur passed in Special Cri. Case No. 130/94, thereby convicting the appellant -accused for the offence punishable under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentencing to rigorous imprisonment for 10 years, and one lakh rupees fine, in default of payment further rigorous imprisonment for two years.

(2.) THE case of the prosecution stated in brief is that on 10th May, 1994 in the morning at about 10.00 ASI, S.B. Singh Choudhari received the information through the informer at Police Chouky Jat that Muni Sohandas residing in a hut near Lalpura Talab has illegally cultivated Cannabis plant and also kept Ganja in his possession for the purpose of sale. The information received by Shri Choudhari was reduced to in writing and the copy of the same was sent to SDO Police, Ratangarh. Thereafter, raid party was constituted and ASI Choudhari alongwith constable Bahadursingh (PW 3) and two independent panch witnesses Mangilal (PW 1) and Prushottam (PW 2) reached at the hut of the appellant situated near Lalpura Tank, the accused -appellant was found sitting in his hut. ASI Choudhari, on interrogation, appraised the accused of his right with regard to formalities pertaining to search for the raid party. Accordingly, on search of his hut and surrounding area, 2 packets were seized from one orange coloured bag containing 230 gms. of ganja. On search of surrounding area, 160 Cannabis plants were also seized from the area occupied by the appellant -accused. The alleged packets of Ganja and the illegally cultivated Cannabis plans were seized and two samples of 15 gms. were prepared and separately sealed from the packets containing alleged ganja and the appellant was arrested. The seized property and the appellant were brought to Police Station Ratangarh. On first information report. Exh. P -10, a crime No. 51/94 was registered at Police Station, against the accused -appellant under section 8/20 of the Act. One sealed packet of the sample and 160 Cannabis plants were sent for chemical examination to the Regional FSL Indore Ex. P -16 is the report while confirmed that seized samples of the article was cannabis and the plants are Cannabis plants having leaves mixed with stalks. On usual investigations, challan was filed against the appellant -accused. The appellant was charged for the offence punishable under section 8/20 of the Act to which he pleaded not guilty. On completion of the trial and evolution of the evidence, the trial Court convicted and sentenced the appellant as indicated above. Aggrieved, the appellant has filed this appeal against the impugned judgment.

(3.) LEARNED counsel for the appellant contended that from the evidence of the prosecution, seizure of alleged ganja and the cannabis plants from possession for the appellant, is not proved. From the evidence of the prosecution, it emerged that at the time of the incident on arrival of the raid party at the place of the incident, some other persons were also found present in the hut and they ran away from the place of the incident on arrival of the raid party. Learned counsel also submitted that alleged cannabis plants were recovered from the open place which is accessible to general public. In view of the aforesaid facts, the charge levelled against the accused -appellant is not proved beyond doubt and deserves acquittal.