NATHO MANJHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) This appeal is filed under Section 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 16/06/2011 passed by Special Judge, (N.D.P.S.) Raipur in Special Criminal Case No. 09/2011; whereby the appellant stands convicted and sentenced as under:-

(3.) Case of the prosecution in brief is that on 07/11/2010 S.S. Shukla PW-06 Inspector and SHO of GRP Raipur received a secret information that three persons of age 25-30 years are carrying Ganja in three different bags and travelling in Train No. 8518 in down Link Express to Bilaspur. After recording the said information in writing vide Ex. P-1 and preparing Panchnama Ex. P-2 for search without warrant in presence of witnesses he proceeded for search of the accused at Platform No. 2. Inspector S.S. Shukla PW-06 alongwith Police staff and 2 witnesses went to spot after recording the departure in the Rojnamchasanha to this effect. Notice (Ex. P-3) under Section 50 of the NDPS Act was given to the accused for search that he may get the search through Gazetted Officer or the Magistrate or by any other Police Officer. The accused consented for search by the Police vide Ex. P-6. Thereafter, PW-06 S.S. Shukla, gave search of himself and the Police Staff with witnesses by the accused vide Ex. P- 4 on which nothing objectionable was recovered from them. After search of the accused Ganja like substance was recovered from him which was kept in a bag. The said substance was identified to be Ganja by rubbing and smelling. Weighing Panchnama was prepared vide Ex. P-5 and it was found to be 4 KG. Out of the said Ganja 2 samples of 50-50 grams were drawn and sealed and seizure memo Ex. P-8 was prepared. The seized Contraband was deposited in Malkhana by Inspector S.S. Shukla and acknowledgement was obtained vide Ex. P-12. The accused was arrested vide Ex. P-7, intimation of his arrest was sent to his father vide Ex. P-18. FIR Ex. P-14 was registered under Crime No. 177/2010 under Section 20 of NDPS Act and the information regarding the entire proceedings was forwarded to the Special Court (NDPS) vide Ex. P16 and S.P. (Rail) Raipur vide Ex. P-17, the samples were sent for Chemical Examination to FSL Raipur vide Ex. P-10 from where report Ex. P-19 was received confirming the Contraband to be Ganja. After recording statements of witnesses and completion of investigation charge sheet was filed against the accused/ appellant under Section 20 of NDPS, Act.