GOVIND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 8 -12 -2003 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (amended 'Act, 2001), (henceforth "the Act"), Raipur (C.G.) in Special Case No. 17/2003. By the impugned judgment, accused/appellant Govind has been convicted under section 20(b)(ii)(B) of the Act and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 10,000/ -, in default of payment of fine, to further undergo rigorous imprisonment for 6 months. Case of the prosecution, in brief, is as under: - -

(2.) SHRI Manoj Paranjpe, learned counsel for the appellant, argued that there was no compliance of provisions of sections 42, 50, 55 and 57 of the Act. He submitted that there is nothing on record which could show that the suitcase and air bag contained Ganja and samples were taken from the suitcase and air bag. The seizure from the appellant was not in accordance with law. The evidence of independent witnesses are not supported by the evidence of Investigating Officer. There are contradictions in the evidence of prosecution witnesses. Independent witnesses did not support the case of the prosecution. He further argued that there is nothing on record which could show that the samples were sealed and specimen impression seal was prepared. Possibility of tampering of seal of the bag sent to the FSL, Raipur cannot be ruled out. Therefore, the appellant is liable to be acquitted of the charges framed against him.

(3.) I have heard the rival contentions of the parties at length and have also perused the record of Special Case No. 17/2003.