DHANSAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment dtd. 21/2/2014 passed by the Special Judge (N.D.P.S.) Bilaspur in Special Case No.32/2011 by which the appellant has been convicted under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced him undergo rigorous imprisonment for 15 years and fine of Rs.2,00,000.00, in default of payment of fine to further undergo rigorous imprisonment for 2 years.

(2.) Case of the prosecution, in brief, is that on 3/8/2011 the appellant was found in possession of 96.600 kg of ganja unauthorizedly amounting to Rs.4.00 lacks for sale and thereby committed the offence. It is further case of the prosecution that on 3/8/2011 Rajendra Singh Parihar (PW11), Station House Officer, Police Station Seepat received secret information from informant that the appellant herein has illegally kept ganja in hut situated at Seepat Awas Mohalla near canal. On receipt of such information, Rajendra Singh Parihar entered that secret information into Rojnamacha Sanha at Serial No.125 and sent notices to call for independent witnesses for preparing mukhbir suchna panchnama of the Police Station (Ex.P30C) and on the same day at 11.50 o'clock Kirti Kumar (PW1) and Shiv Kumar (PW9) were present and in their presence mukhbir suchna panchanama (Ex.P24) was prepared and that was also entered into Rojnamacha Sanha of Police Station (Ex.P31C) and thereafter inspector Isidor Khalko (PW2) was directed to give secret information to the superior officer and the said officer with two sets of Exs.P24 and P25 proceeded towards the office of the SubDivisional Officer (Police), Bilaspur and later on, delivered the written information to the reader of SDOP, Bilaspur and received acknowledgement of the same. All these proceedings were also entered into Rojnamacha Sanha of the Police Station (Ex.P32C). It is also the case of the prosecution that investigating officer Rajendra Singh Parihar (PW11) proceeded towards spot along with staff members and witnesses, he informed the accused/appellant herein about his right to be searched by Gazetted Officer under Sec. 50 of the NDPS Act vide Ex.P5 and consent of the accused was also recorded and thereafter hut was searched and psychotropic substance (later identified as Ganja) was recovered from hut, which were kept in 5 bags and one electronic weighing scale was also found. Search panchnama was prepared vide Ex.P10 and recovery panchnama was also prepared vide Ex.P11. After physical verification, it was found that the recovered substance was ganja. Identification panchanama of the substance i.e. ganja was prepared vide Ex.P12. Following the provisions of law, ganja was weighed and weighed panchnama was prepared vide Ex.P16 and total 96.600 kg. of ganja was recovered. Prior to that, verification panchnama of scale and weight used for the purpose of weighing the recovered ganja was also prepared vide Ex.P15. Samras panchnama (Ex.P13) by taking 22 samples of 5050 grams from each bag of the seized ganja was prepared separately. On the same date at the same place, recovered and seized ganja along with other seized articles have been sealed by using the seal bearing refection of 'Police Station Seepat' in English and sample seal panchnama was also drawn as Ex.P17. Seizure memo of seized article has been prepared vide Ex.P20 and thereafter accused Dhansai was arrested vide Ex.P23. Thereafter statements of independent witnesses Kirti Kumar (PW1) and Shiv Kumar (PW29) were recorded as Exs.P1 and P29 and FIR was registered against the appellant herein vide Ex.P36. Seized ganja and its sample were kept in malkhana of Police Station Seepat and entry has been made in this regard into japt mal register of Police Station Seepat vide Ex.P48. Action taken report was prepared vide Ex.P38 and sent to the Superintendent of Police, Bilaspur. Samples of seized ganja were sent to Forensic Science Laboratory vide Ex.P42 and receipt of the same is Ex.P44, in which seized substance was found to be ganja. After completion of investigation, chargesheet was filed against the accused person before the Special Judge under NDPS Act. The appellants abjured the guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 11 witnesses and exhibited 48 documents Exs.P1 to P48 in support of case of the prosecution. The appellant has examined Baharan Lal (DW1), Sunil Kumar Bharti (DW2) and Neera Laxmi Patel (DW3) in his defence and exhibited documents 7 documents Exs.D1 to 7 in his support.