MUKTESHWAR PRASAD, J. - (1.) ACCUSED Prahlad, son of Babu Lal, has preferred this appeal against the judgment and order dated 4 -9 -99 passed by Sri S.P. Singh, the then Additional Sessions Judge, Chitrakoot whereby he convicted the accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/ -. In default in payment of fine, he was ordered to suffer additional rigorous imprisonment for a period of one year.
(2.) BRIEFLY stated, the facts of the case leading to the prosecution of the appellant are as under. P.W. 1 Ram Naresh Singh Rathore and P.W. 3 constable Shivshanker Bharti were posted as Station Officer and constable respectively at P.S. Raipura (Chitrakoot) in the month of January, 1999. On 1st January, 1999, S.O. R.N. Singh Rathore accompanied by four constables left the police station at about 8 -05 p.m. for patrolling and in the search of wanted criminals. The police party headed by the S.O. was proceeding on foot towards Gunta Dam on canal road and had covered a distance of about one furlong from the turning of Karvi -Mau main road. They saw one person coming from the opposite direction who was having a 'Gathari' on his head. When he saw the members of the police force, he stopped for a while. On suspicion, he was intercepted by the police but he tried to run away. At about 9 -00 p.m., he was apprehended by the police force on the canal road within the jurisdiction of P.S. Raipura and the police used necessary force also. On enquiry, he disclosed his name as Prahlad, son of Babu Lal. He further disclosed that he was carrying Ganja in the 'Gathari'. He was apprised of his right under Section 50 of the Act that he could be taken before a Magistrate or a Gazetted Police Officer for search but he declined and offered himself for search. The S.O. made efforts to procure public witnesses. Since it was lonely place and winter's night, nobody was available. On search about 9 kgs. of 'Green Ganja' was recovered from the white bag which was being carried on the head. On demand, the accused could not produce the licence for having Ganja and pleaded for mercy. The S.O. disclosed the grounds of arrest and he was formally arrested by the police.
(3.) AFTER seizure of Ganja, the S.O. took out 200 grams of Ganja and prepared two samples each having 100 grams, on the spot and seaded the sample. The remaining Ganja was also sealed in the same bag on the spot. A sample of seal was also prepared. A seizure memo was prepared in the light of torches, which was read over and signature of the police personnel and accused were obtained. A copy of seizure memo was also given to the accused.;