SUKHA CHAND DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 26-3-2011 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Jagdalpur, in Special Case No. 22 of 2010, wherein the said Court has convicted the appellant for commission of offence under Section 20 (b)(ii) (b) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.3,000/- with default stipulations.

(2.) As per prosecution case, on 9-5-2010 Police Officer of Police Station, Bakavand namely K.D. Singh (PW/8) received confidential information from Mukhbir that the appellant is in possession of contraband article Ganja at Pithapur square and waiting for bus towards Jagdalpur. He recorded the same in Panchnama and information was sent to superior officer. Two independent witnesses were called and thereafter police personnel and other witnesses reached to the spot and found Ganja in possession of the appellant which was kept in a motor-cycle. The said article was seized and sealed. Samples were separated and sealed. The matter was investigated and after completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) The appeal is preferred on the following grounds.