SANTOSH ALIAS MACCHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Santosh has been convicted under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for unlawful possession of 1100 gms. of ganja on 25.10.1997 and sentenced to rigorous imprisonment for 2? years, and to a fine of Rs. 3,000.

(2.) THE evidence on record has been scrutinised. Jagdish Prasad (P.W. 10) was the Investigating Officer. He was Assistant Sub -Inspector of Police at Seoni Police Station. He has proved the intimation Ex.P. 14 which he gave to the accused. He apprised the accused of his right to get the search done before a Magistrate or Gazetted Officer. The accused has given in writing that he would prefer his search by the Investigating Officer. Thus, the provision of Section 50 of the Act was complied with. This witness has further deposed that the accused was having a bag and there was ganja weighing 1100 grams. That was, seized as per seizure memo Ex.P. 5. This ganja was sealed. Before that a sample was taken out. That was also sealed. It was sent to the Forensic Science Laboratory, Sagar. The report received from the Laboratory shows that the commodity which was seized from the accused was ganja. It is pointed out on behalf of the Appellant that Munnalal (P.W. 2), who is attesting witness to the seizure memo, has not supported the prosecution and he has been declared hostile. The evidence which is available on record sufficiently proves that the accused was carrying a bag containing 1100 grams of ganja. His conviction under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, is upheld.