CHHUNU LAL PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 19.7.2017 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the Act 1985'), Saraipali Distt. Mahasamund (Chhattisgarh) in Special Criminal Case No. 22/2016 wherein the said Court convicted the appellants for commission of offence under Section 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/- each with default stipulations.

(2.) As per the version of the prosecution, on the date of incident, i.e. 12.10.2015, Town Inspector namely KB Dwivedi along with police staff and witnesses went to National Highway 53 at village Murmuri Square for checking the vehicles. While checking the suspected vehicles, at about 13.10 hours one white colour Scropio bearing registration No.CG 10G 8800 was coming from Orissa side. Driver of the said vehicle tried to escape then police caught both appellants sitting in the vehicle and in the said car four plastic bags at the backseat was found. In all bags total 103 kg of ganja in the form of 1 kg of 103 packets was found. After legal formalities, both the appellants were arrested, charge sheeted and after completion of trial, both were convicted and sentenced as mentioned above.

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