VISHNU ACHARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated

(2.) 1.2008 passed by Special Judge, (NDPS) Bilaspur, in Special Case No. 23/2007 holding the accused/appellants guilty under Section 20 (B) 2 (c) of the Narcotic Drugs and Psychotropic Substance Act (for short the "NDPS Act") and sentencing each of them to undergo rigorous imprisonment for ten years and pay fine of Rs.1,00,000, in default of payment of fine to further undergo R1 for one year. 2. Facts of the case in brief are that on 10.8.2007 at 9.5 p.m. Assistant Sub-Inspector namely R.S. Kushwaha (PW-4) received a secrete information to the effect that near the clinic of Dr. Ladikar the appellants were trying to sell Ganja in a white Ambassador Car, who in rum telephonically informed his superior officer about the same and then after calling the witness namely Abdul Nasir and Virendra Singh (PW-6), entry was made in the Rojnamcha Sanha No. 645, Mukhbir Soocha Panchnama was prepared in presence of the witnesses and information about the same was sent to C.S.P. in writing vide Ex. P-7C. Thereafter police party proceeded to the place of incident and found one Ambassador Car bearing registration No. MPS-9066 parked near the clinic of Dr. Ladikar in which three persons were sitting. Notices Ex. P-9 to P-10 under Section 50 of the NDPS Act were given to them and after obtaining their consent for giving search, Panchnama was prepared. On search being made, two packets of Ganja were found in the dickey of the said Ambassador Car and five packets were found inside it and then search Panchnama of the Car was prepared vide Ex. P-16 and the same was identified vide Ex. P-17. Weighment Panchnama Ex. P-19 was prepared and then the contraband was weighed vide Ex. P-20 to P-22. By weighment Panchnama Ex. P-20 3.500 grams of ganja contained one polythene bag and 4 kg of Ganja contained in the other polythene bag was found in possession of accused/appellant Jai Jhakar, out of which a sample of 50 gram was drawn from each packet. By another weighment Panchnama Ex. P-21, three polythene bags containing 4 Kg, 8 kg and 21/2 Kg of Ganja was found in possession of accused/appellant Vishnu Achari, out of which samples of 50 grams each were drawn and similarly by yet another weighment Panchnama Ex. P-22 two polythene bags containing 8 kg of Ganja each was found in possession of accused/appellant Pradeep Pillay, out of which also samples of 50 grams each were drawn. Thereafter, notice under Section 91 of the NDPS Act was given to the accused/appellants vide Ex. P-23 to P-25. Accused/appellants have admitted the fact that they were not having the documents of the said contraband. From the possession of accused/appellant Pradeep Pillay, documents pertaining to the vehicle were seized. Vide Ex. P-26 to P-28 seizure of Ambassador Car and Ganja was made and then the contraband so seized was duly sealed. On 11.8.2007 un-numbered crime was registered and after the police party reached the police station, crime No. 263/2007 was registered. Accused/appellants were formally arrested on 11.8.2007. vide arrest memo Ex. P-29 to P-31. Samples were sent to Forensic Science Laboratory, Raipur for chemical examination vide Ex. P-40, contraband was deposited in Malkhana on 11.8.2007 vide Ex. P-

(3.) AFTER hearing the parties, the trial Court convicted and sentenced the accused/appellants as mentioned in paragraph No.1 of this judgment. Hence, this appeal.