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Madhya Pradesh High Court · body

2000 DIGILAW 311 (MP)

Benu Ram v. State of M. P.

2000-03-27

S.P.KHARE

body2000
Appellant Benu Ram has been convicted under Section 20 (b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to rigorous imprisonment for 1-1/2 years and to a fine of Rs. 1,500/-. This appeal was filed by Shri Awadh Tripathi Advocate on behalf of the appellant. He did not appear at the time of the arguments on 1.3.2000. Therefore, the arguments of learned counsel appearing on behalf of the State were heard and the case was closed for judgment. After scrutiny of the evidence available in the record of the trial Court in light of the memo of appeal, this Court is of the opinion that the conviction of appellant Benu Ram for the aforesaid offence is unassailable. K.S. Nagar (PW 5) is the Station Officer of Bagbahara Police Station. He has deposed that on 3.4.1996 he received this information that accused Benu Ram is coming on his cycle with a bag hanging on its handle in which there is ganja. He received this information in writing as per panchnama Ex. P-3 and also recorded it in the Roznamcha Sanha Ex. P-13. He proceeded to the spot. He served the notice Ex. P-9 on the accused apprising him of his right to be searched in the presence of a Magistrate or a Gazelted Officer. The accused preferred to be searched by him. He look search of the bag and found three kilograms of ganja therein. It was seized as per seizure memo Ex. P-4. A sample of this ganja was taken and that was sealed. It was sent to the Forensic Science Laboratory and as per report Ex. P-28 of the Chemical Examiner, it was found that it contains ganja. The information relating to the search and seizure was sent to the Superior Officer as per Ex. P-27 Therefore, search has been conducted with all the procedural safeguards. Rameshwar (PW 2) and Meghraj (PW 3) have not supported the prosecution case. They have admitted their signatures on the seizure memo and other papers. The trial Court has found the evidence of the Station Officer fully trustworthy. This Court is also of the opinion that the testimony of the Police Officer is fully reliable. The conviction of the appellant for the aforesaid offence is unassailable. Coming to the question of sentence in view of all the aspects of the case. The trial Court has found the evidence of the Station Officer fully trustworthy. This Court is also of the opinion that the testimony of the Police Officer is fully reliable. The conviction of the appellant for the aforesaid offence is unassailable. Coming to the question of sentence in view of all the aspects of the case. the sentence of rigorous imprisonment for one and half year is reduced to one year. With this modification in the sentence the appeal is dismissed.