NASIR KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7-8-2003; passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Rajnandgaon in Special Case No. 43/2003. By the impugned judgment, accused/appellant Nasir Khan has been convicted under Section 20(b)(i) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 50,000/-, in default of payment of fine, to undergo rigorous imprisonment for 1 year.

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

(3.) Shri Rajneesh Shrivastava, learned counsel for the appellant, argued that there was no compliance of provisions of Sections 42, 50, 55 and 57 of the Act, 1985. He further argued that there is nothing on record to show that the plastic bag was containing Ganja and samples taken from the plastic bag were sealed and specimen impression of the seal was prepared. The samples were taken on 26-2-2003 and it was not to the FSL, Raipur on 3-3-2003. The samples were produced in the FSL, Raipur on 5-3-2003. The samples were sent after considerable delay, for which, no explanation was offered. Therefore, the seizure from the appellant was not in accordance with law. Possibility of tampering of the seal of the plastic bag sent to the FSL, Raipur cannot be ruled out. Therefore, the appellant is entitled to be acquitted of the charge framed against him.