RAJENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 6.2.2014 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Koriya (Baikunthpur) in Special Sessions Trial No.2 of 2013, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that the Appellant was a resident of Dharamnagri Podi, District Koriya, where he lived in his house along with his wife. On 31.3.2013 at 12:45 p.m., Sub-Inspector Anjana Kerketta (PW7) received a secret information that the Appellant was cultivating 7-8 contraband cannabis plants along with tomato and chilli in his badi (fence). She called witnesses and prepared Mukhbir Suchna Panchnama (Ex.P4). In compliance of the provision contained in Section 42(2) of the Act, the information was forwarded to the higher officer City Superintendent of Police, Chirmiri vide Ex.P3. Thereafter, she proceeded along with staff and the witnesses to the spot. In compliance of the provision of Section 50 of the Act, she gave notice (Ex.P6) to the Appellant for search. The Appellant consented to be searched by her vide Ex.P7. During search, it was found that a badi was situated in the courtyard of the house of the Appellant and in that badi it was found that total 8 plants of cannabis along with other plants of tomato and chilli were being cultivated. In this regard, she made Panchnama (Ex.P11). Thereafter, the Appellant pulled out all the 8 cannabis plants from their roots and gave them to her. She recovered those cannabis plants vide Ex.P12. She did identification of the recovered plants and also prepared Identification Panchnama (Ex.P13). She seized those cannabis plants vide seizure memo (Ex.P14). All the cannabis plants were sealed and a specimen seal panchnama was also prepared vide Ex.P15. Panchnama regarding ownership of the badi and house of the Appellant was prepared vide Ex.P17. She arrested the Appellant vide Ex.P18, returned to the police station and registered First Information Report (Ex.P26). An information regarding the complete action taken was sent to the higher officer City Superintendent of Police, Chirmiri vide Ex.P5. The seized cannabis plants were deposited in the Malkhana whose entry is made in the Malkhana register at Sl.No.30 (Ex.P29). The said cannabis plants were sent to the Forensic Science Laboratory for examination. FSL report is Ex.P41, which is positive. On completion of the investigation, a charge-sheet was filed against the Appellant. Charge was framed against him.

(3.) In support of its case, the prosecution examined as many as 10 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in defence.