MANGLURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 11-3-2004 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances (Amended) Act, 2001 (henceforth 'the Act'), Durg in Special Case No. 19/2002. By the impugned judgment, accused/appellant Mangluram has been convicted under Section 20(b)(ii)(B) of the Act and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.20,000.00, in default, to further undergo rigorous imprisonment for one year.

(2.) CASE of the prosecution, in brief, is as under: On 06-08-2002, Inspector Rajiv Sharma (PW-7) was posted as Station House Officer at Police Station Gurur. On that date, he received information from a Mukhbir that two persons were bringing Ganja in Motor Cycle Moped No.MP 029 4152 towards Gurur Sanaud Road. He recorded Mukhbir Suchana Panchnama vide Ex.P-6 and also entered the information in Rojnamcha Sanha (Ex.P-1C). He transmitted the said information to superior officer Deputy Superintendent of Police, Balod vide Ex.P-23. He called for witnesses and thereafter proceeded to Gurur Sanaud Road where the appellant and Ramkhilawan, coming on the above motor cycle being driven by the appellant, were stopped by him. The appellant had kept a bag between his legs on the motor cycle. The appellant was informed about his right under Section 50 of the Act vide Ex.P-7 and consent of the appellant regarding search was recorded in Ex.P-7 itself. Thereafter, Rajiv Sharma (PW-7) searched the bag of the appellant. Ganja, kept in the bag, was seized from possession of the appellant. The Ganja was weighed at the spot vide Ex.P-11. The Ganja was found to be 9 Kilograms and 200 Grams. The Ganja was seized vide Ex.P-12. Sample of the seized Ganja was also prepared separately. The appellant was arrested on the same day vide arrest memo (Ex.P-15). The motor Cycle and its papers were also seized. Dehati Nalishi (Ex.P-20) was recorded on the spot. After the seizure and arrest, Investigating Officer Inspector Rajiv Sharma (PW-7) came back to police station and registered the crime vide First Information Report (Ex.P-21). Specimen seal impression was also prepared. Complete details of the action taken were prepared under Section 57 of the Act vide Ex.P-30. The sample of the Ganja and the seized Ganja were handed over to Malkhana Moharrir for safe custody in the Malkhana. The samples were sent for examination to Forensic Science Laboratory, Raipur. Report (Ex.P-33) was received therefrom, in Ex.P-33, the test of Ganja was found to be positive. After completion of the investigation, charge-sheet was filed against the appellant in the Court of Special Judge under the Act, Durg, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) SMT . Madhunisha Singh, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Special Judge do not warrant any interference by this Court.