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Mukesh Kumar Vs. State of Madhya Pradesh (now Chattisgarh) [12/12/14]

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[Criminal Appeal No. 2569 of 2014 arising out of SLP (CRL.) No.6752 of 2014]. This appeal by special leave has been preferred against the final judgment and order dated 28th October, 2013 of the High Court of Chattisgarh at Bilaspur in Criminal Appeal No.1788 of 1997. The appellant has been convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.2,000/- , in default, to further undergo rigorous imprisonment for two months. Case of the prosecution is that the appellant was found carrying Cannabis (Ganja) in Scooter bearing Regn. No.BR-16-C/8598. On search conducted in accordance with the statutory provisions the contraband to the extent of 500 grams was recovered from the dicky of the Scooter. After completing the procedural requirements and receiving the report of the Forensic Science Laboratory confirming that the sample of the contraband was Ganja, the accused was sent up for trial. The case of the prosecution was held to have been duly proved by the evidence led before the Court. The trial Court convicted and sentenced the appellant as above. The same has been affirmed by the High Court.

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