VIRENDRA KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 3.09.2009 passed by learned Special Judge, N.D.P.S. Act, Mandsaur in Special Sessions Trial No. 81 of 2008 convicting the appellant under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ) and thereby sentencing him to suffer R.I. for 5 years with fine of Rs. 25,000/-, in default further RI for six months, this appeal has been preferred under Section 374 (2) Cr.P.C. 1973.

(2.) In brief the case of the prosecution is that on 16.12.2004 an information was received by Assistant Sub Inspector D.C. Nirwan from the informant that the appellant on one Kawasaki motorcycle having registration No. MP-44-B/8392 is carrying black coloured bag containing contraband article ganja is going from 'Neemuch to Mandsaur and he can be caught red handed. On this, the Assistant Sub Inspector in presence of two independent witnesses reduced the information given by the information in Rojnamcha Sanha and Panchnama was prepared. Looking to the urgency search warrant could not be obtained and the Panchnama in that regard was also prepared. The Assistant Sub Inspector along with police force, reached to village Bahi Parshwarnath and noticed that the appellant carrying a bag was coming on the motorcycle. The motorcycle was (stopped and on being enquired from the appellant he named his name Vijendra Kumar , Notice of Section 50 was given to the appellant and he stated that he would like to give his search to the Assistant Sub Inspector. On being searched, nothing was found from his person but the bag which was hanging by string on his neck, in that bag 5 kg. ganja was found. The contraband article was burnt and on the basis of its odour, the presence of ganja was found in the form of leaves. Two samples of the contraband articles were taken out and after sending the same they were sent for chemical examination.

(3.) After the investigation was over, a charge sheet was submitted and the case was tried by the learned Special Judge.