MANOJ ALIAS AMIT Vs. STATE OF M P

JUDGEMENT

(1.) THE accused/appellant stands convicted under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'act' in short) and has been sentenced to undergo R. I. for three years and to pay fine of Rs. 5,000/- (Rupees Five Thousand only), in default of which to undergo S. I. for one year.

(2.) THE prosecution case stated in brief is that on 18-9-1996, Sub- Inspector Ramsewak (P. W. 3) who was posted at Police Station Chandameta received information from an informer that a person having 'ganja' in the bag has gone to the market side. He recorded the above information and prepared panchnama (Ex. P-2 ). He proceeded to Chandameta Bazar. He saw the accused/appellant with a bag going on the road. He made enquiry from the accused/appellant and after intimating him, whether he wishes to get searched by a Magistrate or a Senior Police Officer or by Ramsewak (P. W. 3) himself, and on the accused/appellant expressing his consent to be searched by the latter, a search of the bag of appellant was conducted. About 5 kgs. of 'ganja' was found kept in the bag. The 'ganja' was seized as per seizure memo (Ex. P-1 ). Out of seized 'ganja' 50 gms. was taken out as samples. The appellant was arrested. The seized 'ganja' was sealed as per panchnama (Ex. P-5) at the police station. FIR (Ex. P-9) was recorded and offence was registered.

(3.) DURING investigation, the seized 'ganja' was sent for chemical examination to F. S. L. Sagar, vide memo (Ex. P-10 ). The report received from F. S. L. Sagar is (Ex. P-11), which confirmed that the seized article was 'ganja'. After concluding formalities of investigation, charge-sheet was filed against the accused/appellant.