VINAYAK RAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 09.05.2003 passed by Special Judge, under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), Durg, CG. in Special Criminal Case No. 03/2003 whereby the learned Special Judge after holding the accused/appellant guilty for illicit possession of 10 kg 550 grams of Ganja, convicted him under Section 8/C r/w Section 20 (b), 2 (b) of NDPS Act and sentenced him to undergo RI for five years and to pay fine of Rs. 40,000/-, plus default stipulation.

(2.) Case of the prosecution in brief is that the accused/appellant residing with his second wife in the house of her father, and was involved in selling Ganja with his wife. Thereafter, on 07.01.2003 Police received a secrete information from the informant that the accused/appellant was in illicit possession of Ganja in the house of his second wife. The said information was recorded in Rojnamcha (Ex. P-13A) and the Investigating Officer (PW-4) along with his staff reached his house and informed him regarding the information so received. He also gave him a notice under the relevant provisions of NDPS Act regarding his search before the Gazetted Officer or the Executing Magistrate, and the accused gave his consent by the IO himself. Thereafter, house in question was duly searched and 10 kg 550 grams of Ganja was recovered and was sent for chemical examination under Ex. P-17A. At the same time, two samples of 50- 50 grams each were also drawn under Ex.P-10 and the remaining contraband was seized under Ex. P-12. Thereafter the FIR was recorded by the Investigating Officer (PW-4) and a copy of the same was forwarded to the concerned Magistrate. After completion of investigation, charge-sheet was filed before the concerned Magistrate followed by framing of charge accordingly.

(3.) The Court below vide judgment impugned convicted and sentenced the accused/appellant as mentioned above. Hence this appeal.