STATE OF C G Vs. MANOJ KUMAR

JUDGEMENT

(1.) BEING aggrieved with the judgment of acquittal dated 19 -11 -2008 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Jagdalpur in Special N.D.RS. Case No.68/2007, the State has preferred this appeal. By the impugned judgment, respondents Manoj Kumar and Manish Chouhan have been acquitted of the charges framed against them under Section 20(b)(ii)(C) of the Act, 1985.

(2.) CASE of the prosecution, in brief, is as under: On 13 -9 -2007, Inspector G.N.Singh (PW -6) was posted as Station House Officer in Police Station Darbha. At about 15:30 hrs, he received secret information from a Mukhbir that two persons were carrying Ganja in Tavera Chevrolet vehicle bearing registration No.CG 07 - 8874. He recorded the secret information vide Ex.P -1 and also entered it in Rojnamcha Sanha (Ex.P -18). Thereafter, he proceeded towards the spot along with the staff members and witnesses. The Mukhbir Suchana was transmitted to Superior Officer. At about 17:00 hours, the vehicle Tavera Chevrolet reached near Darbha Police Station. The vehicle was being driven by respondent No. 1 Manoj Kumar and respondent No.2 Manish Chouhan was seating in the vehicle. The respondents were informed about their right under Section 50 of the Act, 1985 vide Ex.P -3 and consent of the respondents regarding search was recorded vide Ex.P -3 itself. The vehicle was searched. Ganja was recovered from jute bags kept in the vehicle vide Ex.P -5. After physical verification, it was found that the recovered article was Ganja and identification panchnama of the substance, i.e., Ganja was prepared vide Ex.P -6. Ganja was weighed and weight panchnama was prepared vide Ex.P -8. Ganja was seized vide Ex.P -10. In Jute bags A - 30 kg, B -15 kg, C - 20 kg, D - 9 kg, E - 7 kg, F - 10 kg, G - 9 Kg, H -16 Kg, I - 12.5 Kg, J - 15.5 Kg, K - 15 Kg, L - 25 Kg, M - 29 Kg and N -33 Kg, total 2 Quintals 46 Kilograms Ganja was found. 2 -2 samples of 25 -25 grams from each bag of the seized Ganja were prepared separately. Thereafter, Inspector G.N.Singh (PW -6) recorded Dehati Nalishi (Ex.P -20) and arrested respondent No.1 Manoj Kumar and respondent No.2 Manish Chouhan vide Ex.P -13 and P -14, respectively. Inspector G.N.Singh (PW -6) came back to Police Station Darbha along with the respondents and the seized articles. He registered First Information Report (Ex.P -23) in the police station. The seized Ganja and its samples were kept in Malkhana. Action taken report was prepared and sent to the City Superintendent of Police, Jagdalpur. The samples of the seized Ganja were sent to Forensic Science Laboratory, Raipur vide Ex.P -25. Report (Ex.P -27) was received therefrom, in which, test of Ganja was found positive. After completion of the investigation, charge sheet was filed against the respondents in the Court of Special Judge under the Act, 1985, Jagdalpur, who conducted the trial and acquitted the respondents of the charges framed against them.

(3.) ON the other hand, Shri Jitendra Gupta and Shri Bharat Rajput, learned counsel for the respondents, supporting the impugned judgment, submitted that the finding of acquittal recorded by the learned Special Judge does not warrant any interference by this Court.