BACHU SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is directed against the order of conviction passed in Narcotic Case No. 7/94 by the Special Judge, NDPS Act, Palamau at Daltonganj, whereby and whereunder, the learned Judge convicted and sentenced the appellant to undergo RI for three years and also sentence to a fine of Rs. 50,000/ - and in case of default to suffer further rigorous imprisonment of one year under Section 20(A)(i) of the NDPS Act.

(2.) THE case of the prosecution in brief is that the official of Excise Department raided the house of the appellant and seized two plants of ganja from the courtyard of the appellant which was yielded 500 grams. Accordingly, the seizure -list was prepared and thereafter, the prosecution report was submitted under Section 47(b) of the Excise Act.

(3.) ON being aggrieved by the judgment and sentence passed by the Court below, the appellant preferred this appeal on the ground that the learned trial Court committed error in convicting the appellant without appreciating the evidence on record as well as the mandatory provisions as laid down under Section 50 of the NDPS Act has not been complied with. It is also stated that no copy of the seizure -list was handed -over to the appellant and the prosecution case is false.