NIWAS DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 14.8.2007 passed by Special Judge, Kanker, in Special Case No. 2/2006 convicting the accused/appellant No.1 under Section 20(b)(ii) B and accused/appellants 2 and 3 u/s 20(b)(ii) C of the NDPS Act and sentencing accused/appellant No.1 to undergo rigorous imprisonment for 7 years with fine of Rs. 50,000 whereas accused/appellants No. 2 and 3 rigorous imprisonment for 10 years with fine of Rs. 1,00,000, plus default stipulations.

(2.) Facts of the case in brief are that on 24.5.206 a telephonic information was received by P.C. Shrivastava (PW- 3) that in a bus belonging to Payal Travels coming from Jagdalpur bearing registration No. CG-07-E1600 accused/appellants were carrying contraband and going to Raipur. This information was reduced to writing in Rojnamcha Sanha 1699, information was sent to superior officer and the police party proceeded to the spot - Kulgaon Turning, Kanker NH 47. Physical verification of weighment instruments was done vide Ex. P-2 and the police party was waiting for the bus. After sometime when the bus came, it was stopped, information was given to the driver and on query being made from the accused/appellants they disclosed their names saying that they were residents of Malkangiri district (Orissa), they were informed of their rights of search before gazetted officer vide Ex. P-19. Consent was given by the accused persons and the police party gave its own search vide Ex. P-22 to P-24, ganja was found in three plastic bags, weighment was done in which 19.950 grams of ganja was seized from appellant No.1 - Niwas Das vide Ex. P-14, 20.550 grams from accused/appellant No.2 Naresh Das vide Ex. P-16 and 20 Kg from accused/appellant No.3 Nimai Das vide Ex. P- 15. Seized articles were found to be Ganja after smelling it and Panchnama was prepared vide EX. P-29 to P-31. Physical verification of weighing instruments was done vide Ex. P-32 and P-33, weighment Panchnama was prepared vide Ex. P-34 to P-36. Samples were drawn vide Ex. P-37 to P-39. Seal panchnama was made, FIR Ex. P-7 was recorded and accused/appellants were arrested. Entire information was forwarded to SDO (P) vide Ex. P-17. On 25.5.2006 seal samples were sent for examination to FSL Raipur vide Ex. P- 43 and acknowledgement to this effect is Ex. P-44. FSL report Ex. P-46 was received on 11.7.2006 and samples were found positive. After investigation, charge sheet was filed on 31.7.2006 u/s 20-b of the Act.

(3.) In support of its case, prosecution has examined 05 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.