CHHOTE LAL Vs. STATE OF M P

JUDGEMENT

(1.) The accused stands convicted under Section 20(a) (1) read with Section 8 of N.D.P.S. Act for possessing 12 kilograms Ganja in his possession. He has been sentenced to five-years R.I. and a fine of Rs. 5,000/- has also been imposed, in default of payment of fine, the accused is to undergo five months R.I., in the judgment dated 6-11-997 in Special Criminal Case No. 222/97 by the Special Judge, N.D.P.S. Raipur.

(2.) Prosecution case in brief is that on 12-5-1997 at about 9.30 a.m., the Station House Officer of Police Station, G.R.P. Bilaspur received an information from the informer that four persons possessing contraband Ganja were sitting in Ilnd class waiting room at Railway Station. Said Lalji Shukla (P.W. 4) went there alongwith the other police persons. He summoned the Panch witnesses and sought consent of the appellant for his search. After the search of the appellant. 12 kgs. Ganja was recovered from his possession. The contraband was seized and two small packets of sample were also prepared. After registering the crime investigation, was made under Section 20 of the Act. On completion of the investigation, challan was filed against the accused. A report of the incident was sent by said Lalji Shukla (P.W. 4) to the Supdt. of Police, Railway, Raipur, on the same day under Ex. P/9-A. The samples were sent for their chemical examination. According to the report, the samples contained Ganja. The accused pleaded not guilty to the charges levelled, therefore, the learned Trial Court proceeded with the trial and after hearing the appellant convicted and sentenced him as referred to above.

(3.) Learned Counsel for appellant submits that present is not a fit case where on the sole testimony of P.W. 4 Lalji Shukla the appellant could be convicted. Her further submission is that as the Panch witnesses have not supported the prosecution case, the accused deserve to be acquitted.