STATE OF MADHYA PRADESH Vs. JITE @ JITENDRA

JUDGEMENT

(1.) This application seeking leave to appeal has been filed by the State under the provisions of Section 378(3) of the Code of Criminal Procedure being aggrieved by judgment dated 31.05.2018 passed in Special Case No.01/2014 by the Court of Special Judge, NDPS Act, Morena, whereby respondent- Jite @ Jitendra has been acquitted of the charges under Section 8/20 of NDPS Act.

(2.) Learned counsel for the applicant submits that learned Special Judge has recorded acquittal of respondent merely on the ground that independent witness to seizure had turned hostile and has not supported prosecution story. It is submitted that the offence is serious, inasmuch as 1kg 250 gm of 'Ganja' was recovered from the possession of the accused and it being more than the prescribed non-commercial quantity the trial Court should have recorded a finding of conviction.

(3.) Perusal of testimony of prosecution witness P.W.5 namely, Keshav Savita S/o Matadeen Savita reveals that though he has accepted his signatures on Panchnama Ex.P/7, Ex.P/11, Ex.P/12, Ex.P/13 to Ex.P/24 but in cross-examination, he has categorically mentioned that police had obtained his signatures on blank papers and thereafter they have prepared such documents at a later stage. He further deposed that no recovery was made from the accused in front of him and even recovery memo/seizure memo was not filled up in front of him and his signatures were obtained on a blank seizure memo. Same is his submission in regard to arrest memo and further admitted that because of undue pressure from the Town Inspector, he had signed on blank papers. Besides this it has also come in the evidence of prosecution witnesses that dry weight of such confiscated item was not obtained.