BHERU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the impugned judgement dated 22/03/95 passed in S.T.No. 138/94 by learned Session Judge, Ratlam, whereby convicted the appellant for the offence punishable under Section 8/20 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (for short 'the Act'), sentenced to R.I for one year and fine of Rs. 3,000/-, in default of payment of fine additional imprisonment for three months.

(2.) According to prosecution case, on 13.8.94 PW-5, Station House Officer, Shri Shivram Dandotiya received information from informant that in village Babdikheda in the field of appellant between the crop of cotton and maize cannabis plant were also grown. Memorandum Ex.P/2 was prepared regarding informer information and copy of the same was sent to the senior police officer. The Station House Officer reached in the filed of the appellant and apprised him about the informer report. PW-5 Shivram Dandotiya effected the seizure of cannabis plant, total 2090. Out of this plants some plants were seized separately as a sample and same were sent to the laboratory. According to laboratory report Ex.P/1 plants were of- cannabis. On due investigation, appellant was charge sheeted for commission of offence under Section 8/20 of the Act.

(3.) Appellant denied the charges and pleaded false implication.