STATE OF CHHATTISGARH Vs. KAMLESH JURRI

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 31st March, 2009, passed by the Special Judge (NDPS Act), Jagdalpur in Special N.D.P.S. Case No. 26/2008, acquitting the accused/respondents from the charges under Section 20 (b) (2-C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

(2.) BRIEF facts of the case, as per the prosecution story, are that on 5.4.2008 at about 7.10 a.m. under the instructions of the Station House Officer, Police Station - Farasgaon, the Assistant Sub-Inspector Shri B. P. Yadav along with the police party started checking of vehicles on the barrier, in front of the police station. At about 9.50 a.m. they saw one white colour Maruti Car was coming from the direction of Kondagaon but when the police party gave signal to the driver to stop the vehicle, the driver did not stop the vehicle and tried to flee away to the direction of Raipur. The police party chased the Maruti Car by Jeep and Motorcycles and could be successful to stop the Maruti Car, bearing registration No. C.G. 04-ZD/1013 near Rituja Petrol Pump. Two persons going from the spot were requested to become witness to the panchnama, in whose presence the accused persons were asked to narrate their name and accordingly the driver told his name as Kamlesh Jurri and the person sitting by the side of the driver told his name as Har Prasad. At 10.00 a.m. the search panchnama (Ex.P/1) was prepared. Accused Kamlesh Jurri and Har Prasad were given separate notice under Section 91 of the Code of Criminal Procedure and thereafter the notice under Section 50 of the NDPS Act, 1985 was also given by Shri Yadav, A.S.I.. After obtaining the consent of the accused persons their personal search was conducted and thereafter the vehicle was searched. In the personal search no objectionable thing was found, however, ten jute bags, containing total 102 kilogram and 100 gram ganja was found from the Car. The samples were drawn from the seized contraband and were sent for chemical examination. The FIR (Ex.P/23) was registered on 5.4.2008 itself at 18.40 hours, the offence under Section 20(B) of the Act was registered at Crime No. 48/2008 and the accused/respondents were taken to the custody.

(3.) WE have heard learned counsel appearing for the parties and perused the record.