Santosh alias Macchar vs State of M.P.

S.P. Khare, J.—Appellant Santosh has been convicted u/s 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for unlawful possession of 1100 gms. of ganja on 25.10.1997 and sentenced to rigorous imprisonment for 2? years, and to a fine of Rs. 3,000.

The evidence on record has been scrutinised. Jagdish Prasad (P.W. 10) was the Investigating Officer. He was Assistant Sub-Inspector of Police at Seoni Police Station. He has proved the intimation Ex.P. 14 which he gave to the accused. He apprised the accused of his right to get the search done before a Magistrate or Gazetted Officer. The accused has given in writing that he would prefer his search by the Investigating Officer. Thus, the provision of Section 50 of the Act was complied with. This witness has further deposed that the accused was having a bag and there was ganja weighing 1100 grams. That was, seized as per seizure memo Ex.P. 5. This ganja was sealed. Before that a sample was taken out. That was also sealed. It was sent to the Forensic Science Laboratory, Sagar. The report received from the Laboratory shows that the commodity which was seized from the accused was ganja. It is pointed out on behalf of the Appellant that Munnalal (P.W. 2), who is attesting witness to the seizure memo, has not supported the prosecution and he has been declared hostile. The evidence which is available on record sufficiently proves that the accused was carrying a bag containing 1100 grams of ganja. His conviction u/s 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, is upheld.

Coming to the question of sentence, keeping in view the quantity of ganja, the sentence of imprisonment is reduced from 2? years to the period already undergone by the Appellant. He has remained in jail for 16 months. It is submitted on behalf of the Appellant that he is too poor to pay the amount of Rs. 3,000 as fine. Therefore, the sentence of fine is reduced from Rs. 3,000 to Rs. 200, in default of payment of fine he will further suffer rigorous imprisonment for one month.