DURGAAMMA Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 8/9/2015 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act (henceforth 'the NDPS Act'), Durg in NDPS Case No.17 of 2014, whereby the Appellant has been convicted and sentenced as under:

(2.) According to the case of prosecution, C. Khalko (PW8) was posted as Assistant District Excise Officer in Excise Circle Bhilai No.1, District Durg. On 26/8/2014 at about 7:30 A.M., when he was on patrolling duty along with his coordinate officers and staff, received an information from an informant that Appellant Durga Amma was in possession of cannabis (Ganja) at her house situated in Balaji Nagar, near Ram Mandir, Khurshipar, Bhilai and she was selling that cannabis illegally without any licence. C. Khalko (PW8) recorded this information and prepared a Mukhbir Suchana Panchnama thereof (Ex.P19). In compliance of Sec. 42 of the NDPS Act, he sent an information to the Assistant District Excise Commissioner, Durg through Excise Constable Dhanpatsingh Baghel (PW5). Dhanpatsingh Baghel (PW5) delivered a copy of Ex.P19 to Receipt and Despatch Clerk Ms. Rohita in the office of Assistant District Excise Commissioner, Durg and obtained an acknowledgment thereof (Ex.P20). Thereafter, C. Khalko (PW8) reached the spot along with witnesses. At that time, the Appellant was present at her house. After obtaining her consent, search of the house was made. On being searched, inside a diwan kept in the bedroom of the house, Ganja was found kept in 3 bori (bags). Ganja was recovered vide Ex.P4. On being weighed, total quantity of the recovered Ganja was found to be 80 Kgs. and 850 Grms. The Ganja kept in the 3 bori were mixed together and a panchnama thereof (Ex.P7) was prepared. Thereafter, 3 sample packets each of 50 Grms. were prepared and all the 3 sample packets were marked as A, B and C. A sample panchnama thereof (Ex.P8) was prepared. Specimen seal was affixed on Ex.P8 and a seal paper panchnama thereof (Ex.P9) was prepared. The mixed Ganja was again filled in 3 bori and those bori were sealed and a panchnama thereof (Ex.P10) was prepared. After making seizures of the 3 bori sealed Ganja and the 3 sample packets, a seizure memo thereof (Ex.P11) was prepared. Regarding possession of the house of the Appellant, a panchnama (Ex.P14) was prepared. Spot-map (Ex.P15) was also prepared. The Appellant and the seized material were brought to the Excise Control Room. The crime was registered against the Appellant vide Ex.P25. The 3 seized bori containing Ganja were kept in 3 tin containers and were sent to Bhilai Bhatthi Police Station vide Ex.P21 for safe custody. All the 3 seized sample packets were sent to the office of Assistant District Excise Commissioner, Durg vide Ex.P27. On 28/8/2014, the sample packets marked as A and B were sent to the Forensic Science Laboratory, Raipur vide Ex.P28. FSL Report is Ex.P30 and P31. The report is positive. Regarding possession of the Appellant on the house, a panchnama (Ex.P34) was prepared. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charge against her.

(3.) In support of its case, the prosecution examined as many as 8 witnesses. In examination under Sec. 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness was examined in her defence.