HEERAMANI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 8-1-2007 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth "the Act, 1985"), Bilaspur in Special Case No. 25/2004. By the impugned judgment, accused/appellant-Smt. Heeramani Sahu has been convicted under Section 20 (b) (ii) (c) of the Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) CASE of the prosecution, in brief, is as under :- On 28-4-2004, Sub-Inspector, R.C. Trivedi (P.W. 8), was posted at Crime Branch, Bilaspur. On that day, he received information from mukhbeer that the appellant was having ganja in her possession for sale. He recorded mukhbeer suchana panchnama vide Exh. P-21 and also entered information in rojnamcha sanha 246 vide Exh. P-25. He transmitted the said information to S.K. Tigga, Dy. Superintendent of Police, Crime Branch, Bilaspur. Thereafter, he proceeded for the house of the appellant along with ASI, Kujur and other police personnels. They reached the house of the appellant and called witnesses Sukhdas (P.W. 4) and Mulchand Sharma (not examined). Sub-Inspector, R.C. Trivedi (P.W. 8) informed the witnesses about the mukhbeer suchana and they entered the house of the appellant. The appellant was present in the house. The appellant was informed about her legal rights under Section 50 of the Act, 1985 and consent of the appellant regarding search was recorded vide Exh. P-7. Thereafter, he searched the house of the appellant. The appellant concealed the ganja in the basement of her house under the chips. After removing the chips, 16 plastic bags were found. The bags were filled with ganja like substance. Identification of the articles was conducted vide Exh. P-15. Thereafter, panchnama was prepared vide Exh. P-16 and recovery memo was prepared vide Exh. P-12. Ganja was weighed on the spot vide Exh. P-14. Samples of the seized ganja were prepared separately, ganja was sealed vide Exh. P-16 on the spot. The appellant was arrested vide Exh. P-17. Dehati nalishi (Exh. P-27) was recorded. After seizure and arrest, Investigating Officer, R.C. Trivedi (P.W. 8) came back to the police station along with appellant and seized articles. He handed over the seized ganja to Malkhana Moharrir for safe custody in the Malkhana. The samples were sent for examination to Forensic Science Laboratory, Raipur vide Exh. P-32. FSL report (Exh. P-32) was received therefrom in which ganja was found to be positive in all samples. After completion of the investigation, charge-sheet was filed against the appellant in the Court of Special Judge, under the Act, 1985, Bilaspur, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) MR . Vinay Harit, learned Dy. Advocate General for the State/ respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Special Judge do not warrant interference by this Court.