SAVITRI ALIAS SHOOBHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants being aggrieved by the judgment dated 9-2-2001 passed in Special Case No. 83/99, by the learned Special Judge (N.D.P.S.) Bastar at Jagdalpur, convicting the appellants under Section 20(b)(i) of the N.D.P.S. Act, sentencing the appellant No. 1 Savitri alias Shobha to undergo R.I. for one year and pay fine of Rs. 1,000/- and in default of payment of fine to undergo further R.I. for three months and sentencing the appellant No. 2 Sunita alias Sushila alias Chanda to undergo R.I. for six months and pay fine of Rs. 500/-; in default of payment of fine to undergo further R.I. for a period of one month, have filed this appeal.

(2.) . The prosecution case in brief is that on 7-10-99, Sub-Inspector-Prakash Sharma (P.W. 3) Police Station Jagdalpur, received an information from some informer that the present appellants were carrying Ganja. On the basis of the information, he recorded the information and prepared Panchanama at Ex. P/13 and sent the information to the Supdt. of Police under Ex. P/14. The witnesses were invited and were also informed about the information; thereafter, the said P.W. 3 Prakash Sharma along with P.W. 1 Smt. Sushila Tekam and others proceeded to the spot. When they reached the spot the accused tried to flee away, but they were apprehended. The said Prakash Sharma (P.W. 3) gave a joint notice to the appellants under Section 50 of the Act and informed them about their statutory right to be searched in presence of a Magistrate First Class or Gazetted Officer. As each of the accused gave his consent, their search was taken. From the possession of appellant-Savitri alias Shobha 2kg. Ganja was recovered and from the possession of Sunita 900 gms. Ganja was recovered. The search was taken by P.W. 1 Sushila Tekam, samples were drawn and thereafter the seized articles and samples were sealed. The accused persons and the contrabands were brought to the police station. Ex. P/16 First Information Report was registered and thereafter the seized articles were kept in Malkhana. On 14-10-99 the samples were sent along with the impression of the seal to the F.S.L. The F.S.L. submitted its report dated 26-10-99 that the seal on articles were intact and the samples were confirming to the standard of Ganja. After recording the statements of witnesses and armed with the F.S.L. report, the police filed challan against the appellants. As the appellants abjured the guilt, they were put to trial.

(3.) . The prosecution in support of its case examined P.W. 1 Smt. Sushila Tekam, P.W. 2 Sitaram, P.W. 3 Prakash Sharma and P.W. 4 Devo alias Bhayana to prove the case of search and seizure. The learned trial Court after hearing the parties found in favour of the prosecution and, convicted and sentenced the appellants as referred to above.