GAJENDRA SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 02.04.2009 passed by Special Judge (NDPS Act), Janjgir, District- Janjgir-Champa (C.G.) in Special Criminal Case No. 23/2008, wherein the said court convicted the appellant 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/- with further default stipulations.

(2.) As per case of the prosecution, on 06.12.2008, information was received by Sub-Inspector- Harprasad Pandey posted at Police Outpost- Naila regarding possession of contraband article ganja by the appellant. After complying with all the legal formalities, the police officer reached to the spot and after search, 3 packets of contraband article ganja were found in possession of the appellant which was weighed and it is found to be 4 Kg. & 500 grams. The matter was investigated, 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:-