MUKESH DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 14.9.2012 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth the Act ), Jagdalpur in Special Case No.53 of 2010, whereby the Appellant has been convicted and sentenced as under: Conviction Sentence Under Section 20(b)(ii)(C) of the Act Rigorous Imprisonment for 10 years and fine of Rs.1,00,000/- with default stipulation

(2.) Prosecution case, in brief, is that Manoj Prajapati (PW6), SubInspector of Police Station Kondagaon received a secret information on 19.8.2010 at 9 a.m. that illegal Ganja was being transported from Jagdalpur to Raipur in a white Qualis vehicle bearing registration No.CG 05 A 5110. He recorded the information in Rojnamcha Sanha (Ex.P21), called witnesses Kamod Kumar Chandrakar (PW2) and Mohd. Khurshid (PW3). He intimated them about the secret information and prepared a Mukhbir Suchna Panchnama (Ex.P3). In compliance of the provision contained in Section 42(2) of the Act, the said information was forwarded to S.D.O. (P), Kondagaon through Constable Afzal Khan (PW4). Acknowledgment of the receipt was obtained on Ex.P2. SubInspector Manoj Prajapati (PW6) along with the witnesses and staff went to the spot at 10:30 a.m. At 11:50 a.m., the said Qualis vehicle reached near the forest barrier where stopper was put. Having seen the police, the Qualis vehicle dashed the stopper and fled away. The vehicle was chased for about 12-13 Kms. and was stopped near Jaitpuri. The vehicle was found being driven by the present Appellant. A notice under Section 50 of the Act was given to the Appellant for his personal search and search of the vehicle. His consent was obtained. The vehicle was searched. Illegal Ganja was found kept in total 4 bori (bags). A search panchnama (Ex.P9) of the vehicle was prepared. A panchnama (Ex.P10) of recovery of Ganja was prepared. Identification of the Ganja was done and a panchnama thereof (Ex.P11) was prepared. Constable Salim Javed (PW5) weighed the recovered Ganja and total weight of the Ganja was found to be 119.900 Kgs. Weight panchnama (Ex.P14) was prepared. Ganja was mixed and a panchnama thereof (Ex.P12) was prepared. 2-2 sample packets containing 50- 50 Gms. each were taken out from all the 4 bags and those sample packets were marked as from A1, A2 to D1, D2. Sample packets were sealed and a panchnama thereof (Ex.P15) was prepared. The samples and remaining Ganja were seized from the Appellant vide Ex.P17. The Appellant was arrested vice Ex.P18. After return to the police station, the seized articles were deposited in Malkhana and an acknowledgment thereof was obtained. Relevant entries were made in this regard in Rojnamcha Sanha (Ex.P32). Thereafter, First Information Report (Ex.P33) was recorded. In compliance of the provision contained in Section 57 of the Act, information of the complete action taken was sent to the S.D.O.(P), Kondagaon vide Ex.P5. 1-1 sample packets prepared from each bags were sent to the Forensic Science Laboratory vide Ex.P29. Acknowledgment of the FSL is Ex.P30 and report of the FSL is Ex.P31. The report (Ex.P31) is positive. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a chargesheet was filed against the Appellant. Charge was framed against him.

(3.) In support of its case, the prosecution examined as many as 6 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. It was the defence of the Appellant that he was engaged in travel business. One Washid Khan had obtained his vehicle on rent and given an advance of Rs.3,000/- towards the rent. His vehicle was obtained for taking a dead body from Jagdalpur and for support of the dead body few bori (bags) containing grass like material were kept in the vehicle. He was not aware that the said grass like material was Ganja. Whatever material was kept in those bori (bags) were of Washid Khan. About this, he had disclosed in the police station, but no investigation was done in this regard. He had also made complaints to higher police officers in this regard, but no inquiry was conducted on his complaints. It was also the defence of the Appellant that according to the press release of Police Station, Kondagaon, they had received information of transportation of illegal Ganja on 19.8.2010 at 4 a.m. and they had seized the illegal Ganja at 5 a.m. from two vehicles, i.e., one Indica Car and one Qualis vehicle. 2 cases were prepared. One case was against the Appellant and the other case was against Washid Khan and Javed and the entire proceedings were concluded in the morning hours itself. Later on, to implicate the Appellant, false and fabricated documents were prepared. In his defence, the Appellant examined as many as 4 witnesses.