RAJU PANDEY Vs. STATE OF C.G.

JUDGEMENT

(1.) As common question of law and facts are involved in both the appeals, they are heard analogously and are being disposed of by this common order.

(2.) These appeals are preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 against judgment dtd. 14/5/2001 passed by Special Judge (NDPS Act), Surguja (C.G.) in Special Criminal Case No. 20/2000, wherein the said court convicted both the appellants for commission of offence under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced them to undergo R.I. for 10 years each and fine of Rs.1,00,000.00 each with further default stipulations for having possession of contraband article brown sugar to the tune of 1 gm. 950 mg. and 1 gm. 340 mg., respectively on 16/7/2000 at 15:40 O'clock at Bramhapara, Ambikapur (C.G.)

(3.) The prosecution story, in brief, is that on 16/7/2000, Assistant Sub-Inspector- Bholanath Singh (PW-5) received secret information at about 3:40 p.m. that the appellants namely Raju Pandey and Asha Devi were selling brown sugar at Bramhapara in front of their residence. This information has been recorded in proforma-42 after preparing panchnama and briefly recorded in Rojnamcha Sanha. He prepared the information regarding no receipt of search warrant before raid and intimated the report to the Superintendent of Police, Ambikapur. He found that the appellants stood in front of their residence and notice under Sec. 160 of the Cr.P.C. was issued to them. The witnesses namely Raju Singh and Shyam Sunder were called as per rules and notice under Sec. 50 of the NDPS Act was issued to the appellants. The appellants were informed about their rights about their searching through Gazetted officer or through B.N. Singh. The appellants have given consent to be examined by B.N. Singh as reflected from consent panchnama. Later on, the appellants were allowed to examine B.N. Singh and the witnesses. Thereafter, the appellants were searched and from their possession brown sugar and sale receipts of Rs.698.00 and 800/- have been seized. The property was measured through witness Rajendra Prasad Soni who prepared the toul panchnama. Thereafter, the appellants were arrested for commission of offence under Sec. 22 of the NDPS Act and the FIR was registered on 16/7/2000. The statements of the witnesses were recorded and the seized material was kept in sealed cover and the same was sent to FSL for examination, wherein it is found that the seized material is heroine a contraband psychotropic drug. After completion of investigation, the charge-sheet was submitted before the learned trial Court.