Balram vs State of M.P.

S.P. Khare, J.—Appellant Balram has been convicted u/s 20(b)(1) of the N.D.P.S. Act, 1965 and sentenced to rigorous imprisonment for 4 years and to a fine of Rs. 15,000. In default of payment of fine, he has to undergo rigorous imprisonment for one year more.

After hearing both the sides, and are careful scrutiny of the record, it is found that two bags containing 10 kilograms of ganja were seized from the house of Appellant Balram on 1.6.1997 by Ram Kishore Gautam (P.W.I), Station House Officer of Themi. His evidence has been corroborated by R.D. Khare (P.W. 3) who was Sub-Divisional Officer (Police). He was also a Gazetted Officer. In his presence, the search was conducted. Seizure memo is Ex. P/5. Prakash (P.W. 2) admits that he has signed this seizure memo. He has been declared hostile. The necessary formalities required by law were completed. It is argued on behalf of the Appellant that Section 50 of the Act has not been complied with. This provision does not apply in case of house search. That apart, the Gazetted Officer was present at the time of search and, therefore, there is substantial compliance with this provision. The seized ganja was sealed on the spot. A sample of 10 grams of ganja was taken from two bags. It was also sealed. It was sent for chemical examination to the FSL, Sagar. As per report (Ex.P/10) of the Chemical Examiner, commodity was found to be ganja.

It is also argued on behalf of the Appellant that there is no evidence that the Appellant was in executive possession of the ganja recovered from his house. He was head of the family. He was present when the search took place and the ganja was recovered in his presence. Therefore, it must be held that he was in possession of this ganja. The conviction of the Appellant is well merited.

Coming to the question of sentence, it is argued that the Appellant is aged about 60 years and there is no allegation that he is a previous convict. Therefore, the substantive sentence of rigorous imprisonment is reduced from 4 years to 2 years. The sentence of fine as imposed by the trial Court is confirmed.

With the above modification in sentence, the appeal is dismissed.