Lambu alias Shankar Yadav vs State of M.P.

S.P. Khare, J.—Appellant Lambu alias Shankar Yadav has been convicted u/s 27 of the Narcotic Drugs and Psychotropic Substances, Act 1985, for illegal in possession of 400 grams of ganja, and sentenced to rigorous imprisonment for eight months.

Arguments heard. The impugned judgment and record of the trial Court perused. It is submitted on behalf of the Appellant that the two witnesses to the seizure memo have been declared hostile and, therefore, the evidence of the police officer alone should not have been relied upon for conviction of the Appellant.F.J. Tigga (P.W. 3), Sub-Inspector of Police has deposed that on 28.2.1998 at 10.30 a.m. he has seized 400 grams of ganja from the accused as per seizure memo Ex. P3. This seizure memo was signed by the two witnesses who have been declared hostile. Notice Ex.P-2 was given to the accused before seizure of the ganja from him. By this notice Ex. P2 she was apprised of his right to have the search conducted either before Gazetted Officer or Magistrate. But the accused preferred his search by F.J. Tigga (P.W. 3). There is no legal infirmity in the conviction of the Appellant. The sentence is also not excessive. The Appellant has already served out the sentence.

The appeal is dismissed.