RAJA SONKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 23.9.2015 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Durg in N.D.P.S. Case No.7 of 2015, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that on 1.4.2015 at 14:45 hours, Manish Shende (PW9), Sub-Inspector, posted in Police Station Durg received a telephonic information from an informant that in front of Vardhman Bhawan situated in Shivpara one person, namely, Raja Sonkar (the Appellant) had in his possession brown sugar in different pouches and was trying to sell them. Sub-Inspector Manish Shende (PW9) recorded this information in Rojnamcha Sanha (Ex.P28) and in compliance of the provision contained in Section 42(2) of the Act, forwarded the said information to higher officer City Superintendent of Police, Durg vide Ex.P20. Meanwhile, he called witnesses and in their presence he prepared Mukhbir Suchna Panchnama (Ex.P4). Thereafter, he proceeded towards the spot along with other staff and the witnesses. On the spot, he surrounded the Appellant and caught him. For personal search of the Appellant, he gave him notice (Ex.P5) under Section 50 of the Act. Over Ex.P5 itself, the Appellant consented to be searched by Sub-Inspector Manish Shende (PW9) himself. On being searched, it was found that the Appellant had kept total 88 pouches of brown sugar in the pocket of his pant and he had also kept one work paper of golden colour. Sub-Inspector Manish Shende (PW9) prepared search panchnama (Ex.P8). He also prepared a panchnama (Ex.P9) against the recovery of 88 pouches of brown sugar. Identification of the recovered substance was done and a panchnama thereof (Ex.P10) was prepared. The recovered brown sugar was mixed and a panchnama thereof (Ex.P12) was prepared. Weight of the recovered brown sugar was done and weight panchnama (Ex.P13) was prepared. On being weighed, total quantity of the recovered brown sugar was found to be 11.520 Gms. The whole quantity of the recovered brown sugar was kept in an envelope and the empty 88 pouches were kept in other envelope and both the envelopes were sealed and a seal of P.S. Durg C.G. was affixed over both the envelopes. Both the envelopes were seized vide seizure memo (Ex.P14). Specimen seal panchnama (Ex.P15) was prepared. The Appellant was arrested on the spot itself vide Ex.P17. Dehati Nalishi (Ex.P36) was recorded. After return to the police station, First Information Report (Ex.P37) was registered. Sub-Inspector Manish Shende (PW9) handed over both the seized envelopes to Malkhana-in-Charge Shankar Prajapati (PW5), who received their deposit in the Malkhana and made an entry thereof in the Malkhana register (Ex.P21). Both the seized envelopes were delivered in the Forensic Science Laboratory (FSL) by Constable Musafir Singh Yadav (PW7) on 4.4.2015 and he obtained acknowledgment thereof (Ex.P23) from the FSL. FSL report is Ex.P40, which is positive. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. 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 9 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.