KHANCHEDILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IT is one of the oldest appeals pending before this Court for decision. A bare perusal of the record would reveal that, on previous dates of hearing also, the appellant remained un-represented.

(2.) HAVING gone through the record with reference to the grounds urged in memo of appeal, I am of the view that this appeal can be heard and decided on merits in the light of principle laid down by the Apex Court in bani Singh vs. State of U. P. AIR 1996 SC 2439 and reiterated in Dharam pal vs. State of U. P. AIR 2008 SC 920 with the assistance of learned Dy. Govt. Advocate only,

(3.) THE appellant stands convicted under Section 20 of the Narcotic drugs and Psychotropic Substances Act, 1985 (for short `the Act') and sentenced to undergo R. I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default to suffer R. I. for 2 and half years. He was tried on the charge of being found in an illegal possession of only 100 gms. of Ganja that is cannabis/hemp within the meaning of Section 2 (iii) (b) of the Act. The corresponding judgment dated 19. 07. 1994 passed by the Third Additional sessions Judge, Satna in Special Case No. 92/1993 is the subject matter of challenge in this appeal.