HARISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 16-7-2009 passed by Special Judge (NDPS Act), Rajgarh (Biora) in Special Case No. 06/2004, whereby the appellant was convicted for an offence punishable under Section 8/18 of NDPS Act with imprisonment of three years and fine of Rs. 20,000/-, the present appeal has been filed.

(2.) IN short case of the prosecution was that on 11-10- 2004 Shri V.S. Sapre, Station Officer, Police Station, Biora received secret information to the effect that on by pass road, Biora appellant is selling wine illegally. Upon this information Station Officer of the concerned police station went on spot and found the appellant in possession of wine which was being sold by him illegally. It was alleged that upon search of the Hotel contraband article was also found, which was kept in back room of the Hotel. The appellant was found in possession of 17 Kg. of Poppy Straw, out of which sample was taken, sample as well as seized article were sealed properly, necessary panchnama was prepared, returned back to the police station, informed the Superior Officers, deposited the sealed packet as well as packet of contraband article for safe custody and registered the FIR. Thereafter the sealed packet was sent for chemical examination to the Forensic Science Laboratory, from where report was received wherein seized article was found to be Poppy Straw, after investigation charge-sheet was filed.

(3.) LEARNED Counsel for the respondent/State submits that after due appreciation of evidence, learned Court below has found the offence proved against the appellant, which requires no interference. It is submitted that the appeal filed by the appellant be dismissed.