VINOD @ KHANNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal under Section 374 (2) of Cr.P.C . has been filed by the appellant against the order dated 07.08.2004 passed by Special Judge, Bhind, in Sessions Trial No.7/2002, whereby appellant has been convicted under Section 8 / 20(B)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as " NDPS Act ") and sentenced to undergo ten years RI with fine of Rs.1,00,000/- with default stipulation.

(2.) On 27.06.2001, PW-8 received an information on telephone from S.P.Bhind that appellant was having Ganja in his house at Village Manhad. Thereafter, S.S. Chahal, D.S.P. (PW-8) caused the search of the house of appellant in presence of two witnesses namely Rajesh Singh @ Ray Singh (PW-1) and Natthu Singh (PW-4). During search, 30 kg Ganja has been found and seized in three bags and 15 packets of liquor also recovered from the house of appellant.

(3.) Seized articles have been brought to the police station Gormi and seized articles have been caused to be weighed by Mayachand Jain (PW-2) and seized articles have been sealed and deposited in the Malkhana of Police Station Gormi. Panchnama Ex.P-1 (Ganja) and Ex.P-2 (liquor) have been made on the spot, thereafter, Dehati Nalishi was lodged by PW-8 himself which is ExP-12 and the case was registered vide Crime No.126/2011. After investigation, charge-sheet has been filed.