SUSHIL KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellant stands convicted under S. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act' for short) and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 3,000/- in default of which to undergo imprisonment for six months, by judgment dated 11-7-1996 in Special Case No. 113/1994 by Sessions Judge, Bilaspur.

(2.) The case of the prosecution, stated in brief, is that on 19-7-1994 Police Constable Shyamlal Rathore (P.W. 8) was posted at Police Station Champa and had gone on duty for service of summons at village Kumhari. On the next day, i.e. on 20-7-1994, while he was returning to Champa, he received an information that a person was carrying Ganja. He saw the accused/appellant coming on a scooter at Saragaon Rly. Crossing. He stopped the scooter and on search of the scooter, a bag was recovered in which Ganja was kept. The accused/appellant was taken by Police Constable Shyamlal (P.W. 8) to Police Station Champa and was produced before S.H.O. Rajesh Khare (P.W. 7).

(3.) S.H.O. Rajesh Khare (P.W. 7), after intimating the accused/appellant by notice (Ex.P/8-A), whether the search of his person should be made in the presence of a Gazetted Officer and on accused expressing his consent to be searched by Rajesh Khare, the latter conducted his search. Ganja was found in possession of the appellant, which was seized from him. Seizure Memo (Ex.P/6) was prepared. The scooter in which the accused/appellant was carrying 'Ganja' was seized on the next day, i.e., on 21-7-1994, as per seizure memo (Ex.P/7). The seized Ganja was sent for chemical examination to Forensic Science Laboratory, Raipur. The same was confirmed to be 'Ganja', as per report (Ex.P/10). After concluding investigation, charge-sheet was filed against the accused/appellant.