NARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment of conviction and order or sentence, they are being disposed of by this common order.

(2.) Both these appeals have been filed under Sec. 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 30/07/2014 passed by Special Judge (N.D.P.S. Act), Bastar, at Jagdalpur (C.G.) in Special Case No. 05/2013; whereby the appellants stands convicted and sentenced as under:-

(3.) Case of the prosecution, in brief is that G.P. Pandey, Sub Inspector of Police Station Frezurpur received secret information on 10/02/2013 at around 15:45 hours that one person is driving vehicle Mahindra Jeep bearing registration No. CG10 3618 and another person is also with him, they have kept Ganja in five bags under the seat of the Jeep and moving towards Jagdalpur. Thereafter, independent witnesses Avinash and Sadhuram were called, they were informed about the secret information, secret information panchnama (Ex. P-4) was prepared in presence of these witnesses, panchnama regarding non-obtaining of search warrant Ex. P-19 were prepared and the same were forwarded to SDOP Keshlur and entry regarding the same was made in the Rojnamchasanha vide Ex. P-28. Thereafter, G.P. Pandey alongwith staff and the independent witnesses proceeded for the place of occurrence, seized vehicle Jeep bearing registration No. CG10 3618, gave notice under Sec. 50 of the Act to the appellants vide Ex. P-5, they were made aware of their legal rights of being searched either by the Gazetted Officer or by Magistrate or by the Police, on which they consented for their personal search as well as search of the vehicle by the Police. Before search of the Police and their vehicle, the appellants were allowed to make personal search of the Police staff, however, no objectionable substance was seized from them vide Ex. P-6. Thereafter, Ganja like substance kept in five packets were seized from the vehicle of the appellants which were kept under the seat vide Ex. P-7 and Ex. P-8. The said contraband was identified by smelling and burning by the witnesses and they identified the same to be Ganja vide Ex. P-9. Verification Panchnama of the electronic weighing machine was made vide Ex. P-2. On weighment being done, total 46 KG of Ganja from 23 packets kept in five different bags was seized vide Ex. P-3. Two samples from 23 packets each i.e. 46 samples were drawn and rest of the Ganja was sealed vide Ex. P-12. Sample panchnama of Ganja is Ex. P-11 and sample specimen panchnama of the seal is Ex. P-12. As per seizure memo Ex. P-13 one Mahindra Jeep bearing registration No. CG10 3618 and cash of Rs.190.00 from appellant Hajarilal were seized. The accused appellants were arrested vide Ex. P-14 and Ex. P-15 and information regarding their arrest was sent through Radio message to SHO Bamhani, District Mandla (M.P.). Dehati Naleshi was registered on the spot against the appellants under Crime No. 0/2013 vide Ex. P-30 and spot map Ex. P-16 was prepared. After completing the necessary proceeding on the spot, investigating officer G.P. Pandey alongwith staff seized articles, returned to Police Station Frezurpur and made entry to this effect in Rojnamchasanha vide Ex. P-31. Seized articles alongwith samples were deposited in the Malkhana. The detailed report vide Ex. P-33 of the entire proceeding was forwarded to the higher authority SDOP Jagdalpur and the samples were sent for examination to FSL vide Ex. P-35. As per FSL report Ex. P-37, the contraband seized from the appellants were confirmed to be Ganja. Statements of the witnesses were recorded and after completion of the investigation charge sheet was filed against the appellants/accused for offence under Sec. 20(b) of NDPS, Act.