AHMED QURESHI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal aggrieved by the impugned judgment of conviction and sentence dated 24.1.2003 passed by Special Judge, Gwalior in Special Case No.6/2002, whereby held the appellant- accused guilty for the offence punishable under section 8 read with section 20(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act" for brevity) and sentenced him to twelve years RI with a fine of Rs.l lac. In default of payment, further ordered to suffer imprisonment for six months.

(2.) BRIEF facts of the case are, in the intervening night in between 9th and 10th April, 2002 the police constables Ramesh Tiwari (PW3) and Chandresh Dubey (PW4) were on their train duty in the Southern Express from Vidisha to Gwalior. During their search when they reached in the sleeper coach S-5, they felt smell of contraband article Ganja and on search found two-three suit cases lying beneath seat No.55, on which the appellant-accused was sitting. They suspected the contraband article Ganja kept in the suitcases concerned, therefore, the appellant-accused together with his luggage was brought to GRP Police Station, Gwalior and after giving necessary notice for search to the appellant-accused, a search had been made before the independent witness and Ganja was found kept in the suitcases concerned. The total quantity of Ganja was found to be 64 kgs ; out of which two samples of 150 gms. each were taken out. The seized Ganja as well as both the samples were sealed properly. Necessary Panchnama had been prepared, the seized Ganja and the sample packets were deposited in the safe custody in police station, registered a case under section 8/20 of NDPS Act against the appellant-accused and he had been arrested. The necessary information had been given to the superior officer with regard to the seizure of the contraband article. Thereafter, sample packets had been sent for chemical examination to the FSL, from where the report received, wherein samples of contraband article are found to be Ganja as defined in NDPS Act. After due investigation the charge- sheet has been filed.

(3.) HAVING heard the learned counsel for the appellant as well as the learned Panel Lawyer appearing for the State and perused the record.