DAMRU MANJHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 20-02-2004 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Bilaspur in Special Case No. 10/2003. By the impugned judgment, accused/ appellant Damru Manjhi has 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.5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 5 months.

(2.) Case of the prosecution, in brief, is as under:- On 1-4-2003, Sub-Inspector R.L.Bada (PW-6) was posted as Station House Office in GRP Police Station Bilaspur. On that dated, he received information from Mukhbeer that 3 persons were bringing Ganja in Sarnath Express. He recorded Mukhbeer Suchana Panch nama vide Ex. P-1 and also entered the information in Rojnamcha Sanha. He transmitted the same information to Superintendent of Police, Railway vide Ex.P-6 and also informed telephoni-cally. He called the witnesses and thereafter proceeded for platform No. 1 of Railway Station, Bilaspur. At about 11:00 P.M., Sarnath Express reached. 3 persons stepped down from the train. All those 3 persons were stopped, in which, the appellant was one of them. On being enquired, the appellant told his name. The appellant was informed about his right under Section 50 of the Act, 1985 vide Ex.P-8 and the consent of the appallant regarding search was recorded vide Ex.P-4. Thereafter, Sub-Inspector R.L.Bada (PW-6) searched the bag of the appellant. The Ganja kept in the bag was seized from the possession of the appellant vide Ex.P-5. The Ganja was weighed at the spot vide Ex.P-11. The Ganja was found to be 2.5Kgs. The Ganja was physically verified vide Ex.P-10. Sample of the seized Ganja was also prepared separately and sealed. The appellant was arrested vide arrest memo (Ex.P-12). Sub-Inspector R.L.Bada (PW-6) came back to police station and registered the crime vide First Information Report (Ex. P-l3). Details of the action taken was prepared and sent to Superintendent of Police, Railway, Raipur vide Ex.P-14. The sample of seized Ganja and Ganja was handed over to Malkhana Moharrir for safe custody in the Malkhana. The samples were sent for examination to Forensic Science Laboratory, Raipur. FSL Report (Ex.P-15) was received therefrom. In Ex.P -15, the test of Ganja was found to be positive.

(3.) Shri Ashok Dixit, learned counsel for the appellant, argued that there was no compliance of provisions of Section 42, 50 and 55 of the Act, 1985. Ganja was not sealed by Station House Officer before handing it over to Malkhana. The sample was sent to Forensic Science Laboratory, Raipur belatedly. There was no explanation therefor, Therefore, there is possibility of tampering of sample. The Investigating Officer did not prepare Seal Panchnama. Information under Section 57 of the Act, 1985 was also sent belatedly. The search of the appellant was not conducted according to provision of Section 50 of the Act. Hence, the appellant deserves to be acquitted.