DURYODHAN NAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.09.2018 passed by the Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985), Kondagaon, District Kondagaon (C.G.) in Special Case No. 01 of 2015, whereby the appellant stands convicted and sentence as under:-

(2.) The allegation against appellant Duryodhan Nag is that on 11.12.2014, 7 Kg & 100 gram of ganja was found in possession of the appellant in his bag.

(3.) Facts of the case, in brief, are that on 11.12.2014 PW-6 Narad Kumar Suryavanshi, Inspector/S.H.O., who was posted at Police Station Farasgaon at the relevant time, received secret information from the informant that three persons (present appellant and two others), who were residents of Orrisa, were having ganja which was kept in three separate bags. The said three persons were sitting at Subhash Chandra Bose Tiraha near Boregaon Dhabha and were waiting for bus for going towards Raipur. On this, the said information given by the informant was recorded at 18:00 hours in Roznamchasaha No. 28 vide Ex.-P/33 and copy of the same is Ex.-P/33-C. After recording Ex.-P/33 by PW-6, he gave notice through Constable No. 546 Krishna Kumar Sahu to witnesses namely Sanjiya Kundu & Mahavir Netam to be present and the same was recorded at 18:05 in Roznamchasahna No. 29 vide Ex.-P/34 and the copy of the same is Ex.- P/34-C. Thereafter, PW-6 prepared Panchnama (Ex.-P/2) at about 18:35 hours under Section 42 of the N.D.P.S. Act regarding information received from informant in presence of the witnesses.