STATE OF M P Vs. BADRILAL

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment dated 27.2.1999 passed by Special Sessions Judge, Shajapur in Sessions Trial No.11/1996, by which the respondent has been acquitted of the charge under Section 8/20 of N.D.P.S. Act.

(2.) The brief facts of the prosecution case are that on 14.5.1996, an information was given by an informant to S.S. Gaur, S.D.O.P. that the respondent has planted the cannabis plants in his field. Panchnama was prepared and went to the spot. Information was given to the respondent with regard to the search and a notice under Section 50 of N.D.P.S. Act was given. The respondent agreed to give the search to the investigating officer. The field of the respondent was searched and total 80 cannabis plants were found in the field of the respondent. The leaves of the plants were plucked and were sealed in two packets. Seizure memo was prepared and two samples were prepared which were sealed. The remaining plants were also sealed. The seized contraband was kept in the Malkhana. The respondent was arrested and the offence was registered. The samples were sent to the Chemical Analyst and the same were found to be Bhang. The police after concluding the investigation, filed the charge sheet against the respondent.

(3.) The Trial Court framed charge under Section 8/20 of N.D.P.S. Act and the respondent abjured his guilt.