SAMEER ALIAS SUMMER Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the code of Criminal Procedure has been filed being aggrieved by the judgment, finding and sentence dated 19/08/1994 passed by Special Judge, Panna in Special Case No.45/1992 whereby the appellant has been convicted under Section 20B(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to R.I. for 3 years with fine of Rs.2,000/- in default of payment of fine S.I. for 3 months.

(2.) Prosecution case in short is that on 08.04.1992 at 5.00 PM Kailash Babu Arya, S.H.O., Police Station, Brajpur on patrolling received information at out post Pahadikhera that Summer Bangali is having Ganja in a bag at bus stand. This information was written in Rojnamcha Sanha No.120 and he conducted raid along with police staff and the witnesses.

(3.) Appellant was charged under Section 20B(1) of Narcotic Drugs and Psychotropic Substance Act, 1985. He denied the guilt and claimed to be tried mainly contending that he is innocent and has been falsely implicated. Prosecution examined as many as three witnesses whereas the appellant did not examine any witness in his defence. After appreciating the evidence trial Court found him guilty under Section 20B(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced as stated hereinabove in para no.1 of the judgment. Being aggrieved by the judgment, finding and sentence passed by the trial Court, the instant appeal has been preferred on the grounds mentioned in the memo of the appeal.