HARISHANKER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 23.09.2013, passed by the First Additional Judge (Special Judge) (N.D.P.S. Act), Raigarh in Special Case No. 09/10, convicting the accused/appellant under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth "the NDPS Act') and sentencing him to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,25,000/- with default stipulation.

(2.) As per prosecution case, on 10.04.2010 A. K. Uikey, SubInspector, G.R.P.F., Raigarh (PW-9) received a secret information that one person namely Harishanker, aged about 26-27, is carrying cannabis (Ganja) in an air bag and boarding Tata Nagpur Passenger Train. The said information vide Ex.P/3 was reduced into writing in Rojnamchasanha No. 259/10 and was forwarded to the Superior Officer i.e. Dy. Superintendent of Police, Raipur. The police party along with witness namely Ramlal went to the spot, apprehended the accused, gave him notice (Ex.P-5) under Section 50 of the NDPS Act and made him aware of his legal rights, on which he consented to be searched by the police vide Ex.P-06. Personal search of the police party and the witnesses was also made by the appellant and nothing was found vide Ex.P-07. On search of the air bag, which the appellant was carrying Ganja like substance, was recovered and on being examined it by smelling and burning it was found to be Ganja. On weighment being done of the contraband it was found to be 24 kg vide Ex. P-08. Two samples, each of 50 gms, were drawn from the said contraband and seizure memo (Ex.P-09) was prepared, the samples were duly sealed and kept in Malkhana and specimen of seal was affixed on the seizure memo. One suitcase, one trolley bag and one air bag seized from the possession of the accused. One railway ticket (from Jharsugda to Champa) was also seized from the accused vide Ex. P/19.

(3.) The accused was arrested vide Ex.P-10. Intimation of the entire proceedings was forwarded to the Railway office of Superintendent of Police, Raipur. After reaching police station, FIR (Ex.20) was registered against the appellant under Section 20 of the NDPS Act. The remaining contraband was deposited in Malkhana, samples were sent to FSL for chemical examination, which were received by FSL on 22.03.2011 with intact seal and report of FSL is Ex.P-15-A, which confirms the seized contraband to be the Ganja.