MIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.02.2011, passed by the Special Judge (N.D.P.S. Act), Jagdalpur in Special Criminal Case No. 12/2010, convicting the accused/appellant for the offence punishable under Section 20 (b) (ii-B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth "NDPS Act') and sentencing him to undergo rigorous imprisonment for five years with fine of Rs. 5,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) As per prosecution case, on 20.1.2010, Tillu Singh Thakur (PW06), Sub-Inspector Police Station, Bodhghat received secrete information from informant that one person aged about 19-20 was carrying contraband article Ganja in two bags standing near Check-post Aadabal. The said information was reduced into writing vide Ex. P-1 and also recorded in Rojnamchasana and forwarded the same to the Superior Officer vide Ex.P-2. The police party went to the spot, apprehended the accused, in presence of witnesses namely- Govind Chakrvarti (PW01) & Ramarao gave him notice (Ex.P-4) under Section 50 of the NDPS Act and made him aware of his legal rights, on which he consented to be searched by the police. Personal search of the police party and the witness were also made by the appellant vide Ex.P-5 and nothing was found. On search of the two bags, which the appellant was carrying, Ganja like substance was recovered and on being examined by smelling and burning, it was found to be Ganja vide Ex.P-6 & P-7. On weighment being done of the contraband it was found to be 10 kgs. Four samples, each of 50-50 gms were drawn from the said contraband and seizure memo (Ex.P-15) was prepared, the samples were duly sealed and kept in Malkhana and specimen of seal was affixed on the seizure memo vide Ex. P/14. Spot map was prepared vide Ex.P-17, the accused was arrested vide Ex.P-16, Intimation of the entire proceedings was forwarded to the office of Superintendent of Police Jagdalpur vide Ex. P/28. After reaching police station, FIR (Ex-P/22) was registered against the appellant under Section 20(b) of the NDPS Act. The seized contraband was deposited in Malkhana, samples were sent to FSL for chemical examination, which was received by FSL on 11.11.2010 with intact seal and report of FSL is Ex.P- 31, which confirms the seized contraband to the Ganja.

(3.) After usual investigation, charge sheet was filed against the accused/appellant under Section 20 (b) of the NDPS Act. The Special Judge (N.D.P.S. Act) framed charges against the accused/appellant under Section 20 (b) (ii-B) of the NDPS Act. Accused denied the charges levelled against him and prayed for trial.