DAITARI MEHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 05.02.2015 passed by Special Judge [under Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985")], Bilaspur (C.G.) in Special NDPS Case No. 126/2014, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of the Act, 1985 and sentenced to undergo R.I. for 5 years and fine of Rs. 15,000/- with further default stipulations for having possession of contraband article ganja to the tune of 10 kg. on 27.03.2014 at 10:50 p.m. at railway platform No. 1 of Railway Station Bilaspur (C.G.)

(2.) As per case of the prosecution, on 27.03.2014, In-charge of Government Railway Police, Bilaspur- Sub-Inspector- S.L. Navratan (PW-9) received information that the appellant is in possession of contraband article ganja. The said officer recorded information and sent the same to higher authorities and after complying with all the legal formalities, reached to the spot with witnesses and police personnel. On 27.03.2014 at railway platform No. 1 of Railway Station Bilaspur after search, 10 kg. of contraband article ganja was found in possession of the appellant. The matter was investigated, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-