MOHD. YUSUF Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 17-02-2004 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Durg in Special Case No. 13/2003. By the impugned judgment, accused persons/ appellant No.1 Mohd. Yusuf, appellant No.2 Mohd. Sajid Khan and appellant No.3 Smt. Arti Nayak have been convicted under Section 20(b)(ii)(B) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 10,000/- each, in default of payment of fine, to further undergo simple imprisonment for 2 years.

(2.) Case of the prosecution, in brief, is as under:-

(3.) Shri Y.C. Sharma, Shri Vivek~ Rathore and Shri Pushkar Sinha, learned counsel for the appellants contended that the evidence led by the prosecution lacks requisite proof required to convict the appellants under Section 20 of the Act, 1985. Independent witnesses did not support the case of the prosecution. There is nothing in the testimony of the Investigating Officer Jagannath Giri (PW-1) to show that Ganja was found in conscious possession of any of the appellants. The Malkhana Register did not show that samples were entrusted In sealed condition. The specimen impression of seal, which is used to seal the sample packets and the remaining Ganja, was not prepared. The samples were taken on 30-07-2003 and was sent to the FSL, Raipur on 01-08-2003, i.e., after 3 days. There is no explanation for delay of 3 days in sending the samples to FSL, Raipur, therefore, the seizure from the appellants was not in accordance with law. Hence, the conviction of the appellants cannot be sustained.