CRA/3193/1999 of Mahesh Vs State of Madhya Pradesh on 8 November 2001

JUDGMENT

Postfor‘%-l-20012Sd/—Fakhruddin\ Judge

CRIMINAL APPEAL NO. 3193 OF. 1999

Mahesh.v.

State of Madhya Pradesh

Appellant by

Shri R.S. Patcl, Advocate..

Respondent] State

Sushn Shanmla Smgha1,Panel Lawyer

JUDGMENT

Heard learned eounsel for the parties.

2. Brjcny[stated—the]facts of the case axe that on’31-12—1997, theStation House O$cer, Police Stau'on Bastar'Ieceived the informaiionthat a personistraveling in a busof M.P.S.R.T.C.illegally takingGanja with him.Hesent the informationtohissuperior o$cers.Thereaner he along with independent panch witnesses went to thespot and got the bus stopped and took permission of search of thebus nom the Conductor and the Dnver of the busThe accused wasSitting m Seat No27 of the bus keepmg a bagThe Stanon HouseO$cer gave the accused a notice under Section 50 of the N.D.P.S..Act. The accused of his search and anchnama Ex.P-4. \gave consentwas prepaiedJ‘hey found 10.00 Kg. Ganja in his bag. Out of the totalGanja,_ two samples of 30 gram each were taken and the?rest of theGanja was sealedThereaiter cnme was registered and accused wasarrestedThe samples were sent to chemical exammatlon and 1t wasfoundtobeGanjav1dereport ExP—18After dueinvestigation,’‘‘challan was nled>

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The accused abjumd[his]guilt[and][ contcnded][ that][ he][ has][ been]falsely implicated.

4. The trial Court[a&er][ considering][ the][ enthe][ matter,][ has][ found]theappellant/accusedguiltyfork committingtheoh‘enceunderSection20(B)(1)readWlthSecu'on8of theNamou'cDrugsandPsychotmpic Substances[Act][ and][ sentenced][ him][ to][ sudcr][ thme]yeaisR.I. and hnd of Rs.[5,000/—][ and][ in][ default][ to][ further][ undergo][ R.I.][ for]six months.

5. The nial Court in para[5][ and][ 6][ of][ its]judgnent[has][ considered]the evidence of P.W[8-T.S.Thakur,][ A.SLI.][ In][ his][ statement][ he][ deposed]about the manner in[which][ he][ xeceived][ the][ information][ and][ went][ to]the spot and prepared[certain][ Panchanamas.]Those Panchanamashave been proved.[In]paxa[8,][ evidence][ of][ P.W. 5—Smt.][ Sushila][ Tekam,]S.I.hasbeenconsidered.Shealsostatedthatonreceivinginformationshe preparedEx.P—11andtheaccused wasarrested.P.W.1 Kamikar, who is[ran][ independent][ witness,][ has][ supported][ the]prosecuh'on[version.][ In][ para][ 10,][ evidence][ of][ P.W.7][ Janardan][ Pandey,]Conductor andP.W.3 Kama] Singh Mahant[have][ beenconsidered.]They have also[supported][ the]prosecution[version.]P.W. 2-Mulchandhasalsostatedthat theseizedarticle was brought[to]thePolice,*Station Where it was[weighed][ and][ found][ 10.00][ Kg.][ Two][ samples wele]"separated and the rest was sealed and Ex. P-11 was prepared.; a.

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haw also cons1dered the enure facts and cucumstances of the’case and gone tlujough the mconi of the case and found that thetrial Court has rightly held the accused guilty for the oEence.

7. The learned counsel appealing for the appellant is also not in aposiu'on[to][ assail][ the][ findings][ arn'ved]at by the learned trial Judge.

8. Therefore,thecouviciiOnofthe‘ appellantundersection20(B)(1)mad withSection8of Namoh‘cDrugs andPsychotropicSubstances Act is maintained.

9. Heaid the learned counsel for the appellant on theiquestion ofsentence. lCounsel submits that the appellant has been sentenced for3 years R.I. and hne of Rs. 5,000/- and in default to further undergofor six months R.l. He has already undergone sentence of 2V2 yeam.He praysthat the sentence may be reducedto the period alreadyundergone.

10. Having considexed the facts and cimumstances of the case,thesentenceawardedtotheappellantisreducedtotheperiod‘hneaheadyundergone.Sofarasthepartofthesentenceisconcerned, it is maintained.

1 1.Appeal is partly allowed.

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