Miluwa Lodhi vs State of M.P.

S.P. Khare, J.—Appellant Miluwa has been convicted u/s 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having been found in unlawful possession of 300 grams of Ganja on 19.10.1997 and sentenced to rigorous imprisonment for two years and to a fine of Rs. 1,000.

After hearing arguments of both the sides and after careful scrutiny of the evidence available on record, finding of the trial Court that the Appellant was found in possession of 300 grams of ganja as per Ex. P5 is unassailable. Seizure is proved by the evidence of Bhagwan Singh, Investigating Officer (P.W. 8) and the panch witness Raqib Ahmed (P.W. 6). The mandatory provision of Section 50 of the Act has been complied with as per Ex. P3. The Appellant expressed that he is prepared for search of his house in the presence of S.D.O. (Police) who is a Gazetted Officer. Further, it is now well-settled that Section 50 of the Act is not applicable in case of search of a house. That applies only in case of personal search. The conviction of the Appellant u/s 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is upheld.

Coming to the question of sentence, there is nothing to point out that the Appellant is previous convict. Keeping in view the quantity of ganja seized from him and all the facts and circumstances of the case, the sentence of imprisonment already undergone by the Appellant will meet the ends of justice. It has been submitted that he has been in jail custody for 14 months. Therefore, the sentence of rigorous imprisonment for two years and fine of Rs. 1,000 imposed by the trial Court is set aside. Instead the Appellant is sentenced to the period of imprisonment during which he has remained in custody either as an undertrial prisoner or as a post-convict. With the modification in the sentence, this appeal is dismissed.