RAJKUMAR KOLI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both the aforesaid appeals arise out of same incident, they are heard analogously and are being disposed of by this common judgment.

(2.) Challenge in both the appeals is to the judgment of conviction and order of sentence dated 30-6-2015 passed by the Special Judge (NDPS Act, 1985"), Jagdalpur (CG) in Special Case No. 6 of 2014 wherein the said Court has convicted the appellants for commission of offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act, 1985") and sentenced them to undergo RI for ten years and fine of Rs.1,00,000/- each with default stipulations for having possession of contraband article Ganja in commercial quantity.

(3.) As per case of prosecution on 6-2-2014 at 5.15 a.m. Sub Inspector of Police Station Bhanpuri namely B.P. Gupta (PW/14) got tip that three persons travelling in silver colour Skoda car having registration No. DL/04/NA/1833 are carrying Ganja and are coming from Jagdalpur on national highway towards Kondagaon. On the said tip, after preparation of Panchnama and after informing their senior officers, a team went to raid and stopped the said car and carried out investigation. After search, Ganja to the tune of 146 kgs and 527 grams was recovered in the said vehicle. Both appellants and another co-accused namely Rakesh Kumr were found in possession of said contraband. The matter was investigated and the appellants were charge-sheeted. After completion of trial, they were convicted as mentioned above.