VINOD KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) These appeals are interlinked as preferred against the judgment dated 24th of July, 2008 passed by the Special Judge [under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act')] at Khandwa in Special Case No.3/07 whereby each one of the appellants was convicted under Section 8(b) read with 20(a)(i) of the Act and sentenced to undergo R.I. for 8 years and to pay a fine of Rs.1 lakh and in default, to suffer R.I. for 1 year.

(2.) Prosecution story, in short, is that on 9.3.2007 at about 2.30 p.m., while patrolling, Tukaram Lokhande (PW8) posted as SHO of P.S. Moghat Road in Khandwa, received a credible information to the effect that plants of Ganja were grown in the garden located in the Civil Hospital premises. Along with other members of the police force, he immediately proceeded to the spot where Gangacharan Tiwari (PW1) and Bijulal (PW7) were called to witness the proceedings. Rakesh @ Ramesh, the appellant in Cri. Appeal No.1708/08, who was employed by Vinod Kumar, the appellant in Cri. Appeal No.1608/08, for the purpose of looking after the garden, was found there. After obtaining his consent, the garden was duly inspected. As many as 9 plants of the contraband, reaching height of 1-3 ft., were found grown. The plants were uprooted, seized and two samples were drawn and one of the samples was forwarded to FSL, Rau for chemical examination. Corresponding report (Ex.P-26) indicated that the same was that of Ganja plants. Investigation revealed that contract for maintenance of the garden was awarded by the Rogi Kalyan Samiti headed by the Civil Surgeon to M/s Shubham Security Services, Ganeshganj Khandwa, run by appellant Vinod Kumar as Director thereof.

(3.) Appellants abjured the guilt and pleaded false implication. According to appellant Vinod, at the relevant point of time, he had been working as Security Guard in the Beed Branch of Dena Bank whereas appellant Rakesh came forward with the defence that while suffering from weak eye sight, he had not been able to identify the prohibited plants. In support of the defence, S.K. Laad (DW1), the eye specialist, and Muktikant (DW2), the officer posted at Dena Bank, were called in evidence.