MAYANK BARETH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 17.1.2020 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Raigarh in Special Criminal Case under the N.D.P.S. Act No.14 of 2018, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that on 12.8.2018, Assistant Sub-Inspector U.S. Vishwal (PW7), posted at Police Chowki Jutemill, Police Station City Kotwali, Raigarh received information from an informant that one Mayank Bareth (the Appellant) of Village Baikunthpur is carrying illegal substance Ganja and coming towards Village Kayaghat. He recorded the information in Rojnamcha Sanha (Ex.P24), called witnesses and prepared Mukhbir Suchna Panchnama (Ex.P36). In compliance of the provision contained in Section 42(2) of the Act, he forwarded the information to the higher officer City Superintendent of Police, Raigarh vide Ex.P27. He proceeded to the spot along with raid party and witnesses. He stopped the Appellant at the spot. He gave a notice (Ex.P2) under Section 50 of the Act to the Appellant. He obtained consent (Ex.P3) of the Appellant for search. He also gave search of the police/raid party including him and search of the witnesses vide Ex.P5 and P6, respectively. He made search of the Appellant vide Ex.P7. The Appellant had kept one bag with him made of cloth in which 2 plastic bundles were found to be kept. In said 2 plastic bundles, Ganja like substance was found which was recovered vide Ex.P9. Identification of the recovered Ganja was done vide Ex.P10. On weighing, total quantity of the recovered Ganja was found to be 2 Kgs. Weight panchnama (Ex.P12) was prepared. The recovered Ganja was mixed and a panchnama thereof (Ex.P13) was prepared. 2 sample packets each of 50 Gms. were prepared and a panchnama thereof (Ex.P14) was prepared. The sample packets and the remaining quantity of Ganja were sealed and a panchnama thereof (Ex.P16) was prepared. All the articles were seized vide seizure memo (Ex.P17). The Appellant was arrested vide Ex.P30. Investigating Officer U.S. Vishwal (PW7) handed over all the seized articles to Head Constable Sanjay Sharma (PW6) for depositing the same in the Malkhana. Head Constable Sanjay Sharma (PW6) deposited the seized articles in the Malkhana. The sample packets were sent to the Forensic Science Laboratory through memo dated 14.8.2018 (Ex.P32) of the Superintendent of Police. Acknowledgment of receipt of the sample packets in the FSL is Ex.P33. Report of the FSL is Ex.P34, 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 8 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.