BANTI SAKYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 29.05.2019 passed by Special Judge (NDPS Act), Mahasamund (C.G.) in Special Criminal Case (NDPS Act) No. H-30/2017, wherein the said court convicted all the appellants for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act , 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 3 years and fine of Rs. 10,000/- each with further default stipulations.

(2.) As per case of the prosecution, on 25.07.2017, in-charge of Police Station- Komakhan received secret information about possession of contraband article ganja by the appellants. After complying with all the legal formalities, bus bearing registration No. CG-04 E-2889 was searched and bag containing contraband article was found in possession of the appellants which was weighed and it was found to be 11 kg. 200 grams. The matter was investigated, appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

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