GOPAL CHOUDHARY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 14.07.2015 passed by Special Judge (N.D.P.S.), Durg (C.G.), in Special(N.D.P.S.) Case No.01/2015 wherein the said Court has convicted the appellant for charge under Sections 20(b) (ii) (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act, 1985") and sentenced him to undergo R.I. for 5 years with fine Rs. 25000/- with default stipulation.

(2.) As per version of the prosecution on 6th of December, 2014 Station House Officer (PW-9) Rajkumar Borjha received secrete information from informer that a person aged about 35-40 years was traveling in train (Chhattisgarh Express) in general Coach having possession of contraband article Ganja, thereafter S.H.O. called two independent witnesses, prepared Mukhbir Suchna, registered information in Rojmoncha Sanha and conducted raid party. This information was reduced in writing and same was sent to the higher authority thereafter, this officer rushed to the spot with the witnesses and in the said raid contraband article Ganja was recovered from the appellant and on weighed it was found 5 kg. Two sample of 50-50 gram were prepared from the seized contraband article which were marked as A-1, A-2. Each sample of contraband article was sealed and rest of the article was also seized and sealed. The matter was investigated and the appellant was charge-sheeted. After completion of trial, Court convicted the appellant as mentioned above.

(3.) Learned counsel for the appellant submits that independent witnesses have not supported the version of the prosecution therefore, version of the prosecution is not reliable. The investigating officer has not complied with the provisions of Sections 50, 42, 55 & 57 of the Act, 1985 and article was not found in exclusive possession of the present appellant therefore, finding of the trial Court is liable to set aside.