AMOL RATRE Vs. STATE OF C.G

JUDGEMENT

(1.) The Appellants in the aforesaid two appeals have filed their respective appeals against the judgment of conviction and order of sentence dated 23rd march 2007 passed by Special Judge (NDPS) and Additional Sessions Judge, Bilaspur in Special Case No. 31/06 by which each of the Appellants have been found guilty and convicted for commission of offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") and have been sentenced to undergo R.I. for 10 years with a fine of Rs. 1 lac and in default of payment of fine, additional R.I. for 1 year.

(2.) The case of the prosecution is that the Station House Officer-Inspector S. L. Chouhan of Police Station - Kota received information on 15.9.2006 that three persons are transporting ganja kept in white ambassador car No. M.P. 18/6262 and going towards Shahdol. Upon receipt of the information, a panchnama was prepared vide Ex.P-2 and information regarding receipt of such information was sent vide Ex.P-3 to senior police officer namely S.D.O (P), Kota and also informed at forest barrier, Kota as also to senior Superintendent of Police, Bilaspur on wireless and then investigating officer proceeded to the spot along with the police team. Upon enquiry at Achanakmar barrier, it was informed that the said car has been taken towards Lamni by opening the barrier. Thereafter, the suspected persons and the vehicle were chased by the S.H.O. along with his team. On way, the said ambassador car was located and the driver of vehicle having seen police vehicle ran towards forest road of Lamni- Khongsara and met with an accident on a culvert near barrier. Three suspected persons came out with 3 bags in their hand and went towards bushes and concealed the three bags. Two bags of ganja was recovered and a Panchnama in Ex.P-12 was prepared. The three suspected persons being the accused of these criminal appeals were held- up and enquired in presence of witnesses and forest officials working at Lamni barrier. They disclosed their names as Lal Bahadur Yadav, Mukul Gupta & Amol Ratre. Notice under Section 50 of the NDPS Act was given and their consent was obtained for their personal search vide Exs. P-5, P-6 & P-7. Thereafter, the investigating officer S.L. Chouhan (P.W.5) and the accompanying staff and witnesses offered themselves for being searched by the accused persons and search memo in Exs. P-8, P-9 & P-10 were prepared. From the possession of accused Lalbahadur Yadav, 15 kg. of ganja kept in a jute bag was found; from possession of accused Mukul Gupta 10 kg of ganja kept in a jute bag was found; from possession of accused Amol Ratre, 10 kg of ganja kept in a plastic bag was found whereupon, recovery memo in Exs. P-13, P-14 & P-15 were prepared. From each of the bags, small quantity was taken and was identified as ganja by smell and physical verification and a panchnama to this effect was prepared in Ex.P-16. In all three bags, a total quantity of 71 k.g. ganja was found upon weighment and a panchnama in Ex.P-1 was prepared. Samples were drawn from each of the bags recovered from the accused and kept in the car and 4 samples, each of 250 grams were prepared and sealed vide seizure memo of Exs. P-19, P-20 & P-21. On a notice in Ex.P-25 given to the accused persons, no licence could be produced. As the investigating officer found that prima facie commission of offence under Section 20(b)(ii)(C) of the NDPS Act is made out, accused persons were arrested vide memo of arrest Exs. P -22, P-23 & P-24.

(3.) The investigating officer returned to police station along with the accused persons, seized ganja & witnesses, and FIR in Cr. No. 217/2000 was registered in Ex.P-30 and an information to that effect was recorded in rojnamcha sanha No. 605 maintained in the police station. Seized ganja along with samples was handed-over to Head Constable-Moharrir of Malkhana in the police station and entry to this effect was made in rojnamcha sanha. A copy of the first information report was sent to Special Judge and a report of the entire proceedings of seizure and arrest was sent to SDO (P) Kota vide Ex.P-32. Map of the spot was also prepared vide Ex.P-26. Sealed samples were sent along with constable B.B. Tiwari (P.W.4) to State Forensic Science Laboratory for analysis. In the report Ex.P-29 of the FSL, the sealed samples were found containing ganja.