PANCHRAM @ PANCHPAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 12.12.1995 passed by the 3rd Additional Special Judge, Bastar in Sessions Trial No.31/1995 convicting the accused/appellant under Section 20 (b) of Narcotic Drugs & Psychotropic Substance Act (for short the NDPS Act) and sentencing him to undergo R.I. for two and half years and pay fine of Rs. 10,000 in default of payment of fine to further undergo R.l for one year.

(2.) Brief facts of the case are that on 31.5.1995 when N. Kujur(PW3), S.H.O of Police.Station Nagarnar, Distt. Bastar was on patrolling duty along with A.S.I Vijaynath Singh(PWl), a secret information was received to the effect that two persons were crossing Orissa border caming ganja with them. Both Vijaynath Singh (PW1) and N. Kujur (PW3) put barricades at the suspected place and after some time they intercepted a motorcycle bearing registration No. MP-25/0921. Notice under Section 50 of the NDPS Act was given to the accused/appellant vide Ex. P1 and after obtaining his consent the vehicle was searched. Thereafter, during search of the vehicle, one plastic bag was found in possession of the accused/appellant containing ganja. Notice Annexure P2 was given to the appellant asking him as to whether he was having the license for carrying the said contraband and in reply it was told by the appellant that he did not have any such permit. Seizure Ex. P3 of the contraband was made and 10 Kg. of ganja was found in possession of the accused/appellant. Vide Ex.P4. weighment panchnama was made and dehati nalisi Ex.P5 was recorded. After reaching Police Station, F.I.R. Ex.P6 was registered vide Crime No.86/1995 under Section 20 (b) of the NDPS Act. On the same day i.e. 31.5.1995. a radio message was sent to the superior officer i.e. Superintendent of Police, Bastar. Thereafter, vide Ex.P9, sample was prepared and after sealing the bag vide Ex.P8, the same was handed over to constable No.816 for keeping the contraband in safe custody. Vide Ex.P10 spot map was prepared on 14.06.1995. Sample was received by the Forensic Science Laboratory and its report Ex.P11 was given on 15.6.1995. In the Forensic Science Laboratory, the contraband has been found to be ganja. After investigation, the challan was filed on 8.2.1995 under Section 20(b) of the NDPS Act.

(3.) So as to prove the guilt of the accused/appellant, prosecution has examined as many as five witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded innocence and false implication in the case.