HALKU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374 (2) of cr. P. C. being aggrieved by the judgment, finding and sentence dated 03-05-1993 passed by Special Sessions Judge, Sagar, in Special sessions Trial No. 17/92 whereby the appellants have been convicted under Section 8 (c) read with section 20 (b) (i) of NDPS Act and sentenced to R. I. for 2 years with fine of Rs. 5000/-, each, in default, to undergo further R. I. for 1 year.

(2.) THE prosecution case, in brief, is that in the intervening night of 7th and 8th April, 1992, Jagmohan Singh Batti, SDO (P) Rehli was on patrolling duty by Jeep No. MPP 2733. He saw a TVS-XL No. CPV 310 standing on road near Chanaua village in the suspicion condition. Two persons were standing there. On asking, they told that the belt of vehicle has been broken. They could not give satisfactory answer regarding their presence in so late night. He felt smell of Ganja, hence searched the bag which was hanging on handle of this vehicle and found 3 pollythin packets of Ganja in it. Halku Raikwar stated that this Ganja is of him. Then, dickey of vehicle was also searched wherein Ganja was found in 2 packets. Ramesh Dubey stated that this Ganja belongs to him. They could not give satisfactory reply regarding the possession of Ganja, hence 2 kg ganja from Halku and 1" kg Ganja from Ramesh Dubey was seized. Vehicle TVS No. CPV 301 was also seized. They were found to have committed an offence under section 8-B/20-A of NDPS Act hence were arrested at 2. 25 A. M. Dehati Nalisi Ex. P-4 was recorded. On return to P. S. Garhakota, Crime No. 83/92 was registered under section 8-B/20-A of NDPS Act. The statements were recorded. Seized articles were sent for chemical examination to FSL Sagar wherefrom report received that there is Ganja in item no. A B C D and E. After completing the investigation, charge sheet was filed in the special Court for trial.

(3.) THE accused persons were charged under Section 8 (c) read with section 20-B (i) of NDPS Act that on 8. 4. 1992 at village Chanaua, they were found having 1 " and 2 kg Ganja.