LAL CHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal filed under Section 374(2) of CrPC, the appellant challenges the legality, validity and propriety of the judgment of conviction and order of sentence dated 27.02.2003 passed by Special Judge, NDPS Act, Bastar place Jagdalpur in Special Case No.56/2002 whereby the appellant stands convicted under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo R.I. for three years and six months and pay a fine of Rs.12,000/-, in default of payment of fine amount additional R.I. for nine months.

(2.) Facts of the case in brief are that on 27.10.2002, PW-5 Alim Khan, SI posted in Police Station, Nagarnar, received a secret information that appellant is standing on the bridge of Gulijodi with Ganja. The said information was reduced to writing vide Ex.P-1 (panchnama). The police party along with witnesses went to the spot, apprehended the accused, gave him notice vide Ex.P-2 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-2. Personal search of the police party and the witnesses was also made by the appellant vide Ex.P-3. On search of the accused Lalchand, Ganja like substance was recovered vide Ex.P-4 and on being examined by smelling, burning and tasting, it was found to be Ganja. On weightment being done of the contraband, it was found to be 5Kg 800 gms vide Ex.P-6. Two samples, each of 30 gms, were drawn from the said contraband vide Ex.P-8. The samples were duly sealed and panchnama of specimen of seal was prepared vide Ex.P-7. Spot map was prepared vide Ex.14. Rs.150/- was also seized from the accused vide Ex.P-8. The accused was arrested vide Ex.9. FIR Ex.P-17 was registered against the appellant under Section 20(b)of the NDPS Act. Intimation of the entire proceedings was forwarded to Higher Authorities Exs. P-18 & P-19 The remaining contraband was deposited in Malkhana. Samples were sent to FSL for chemical examination vide Ex.P-22. As per the report of FSL Raipur, the seized contraband was confirmed to be Ganja Ex.P-24. After investigation, charge sheet was filed against the accused/appellant under Section 20 (b) of the NDPS Act. The trial Court framed charge under Section 20(b)(ii)B of the NDPS Act against him. The accused/appellant denied the charges and prayed for trial.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 5 witnesses i.e. PW-1 Butiram, PW-2 Pratap, PW-3 Padam Rajaiya, PW-4 Jankush po & PW-5 Alim Khan. Statement of the accused/appellant was also recorded under Section 313 Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocene and false implication. However, no witness was examined by him in his defence.