ISRAIEL ALIAS GONTU Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 25-3-2004 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Durg in Special Case No. 1/2004. By the impugned judgment, accused/appellant Israiel alias Gontu has been convicted under Section 8(c) read with Section 20 (b) (ii) (B) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 6 years and to pay fine of Rs.30,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 2 years.

(2.) CASE of the prosecution, in brief, is as under: - On 5-2-2004, P.S.Bais (PW-1) was posted as Station House Officer at Police Station Khamharia. On that date, he received information from a Makhbir that the appellant had Ganja in his house and was engaged in selling the same illegally. He recorded the secret information as Mukhbir Suchana Panchnama vide Ex. P-1, entered it in Rojnamcha Sanha and communicated it to SDO(P) vide Ex. P-11. Thereafter, he went to the spot along with independent witnesses. When they reached the house of the appellant, he was present there. The appellant was informed about his right under Section 50 of the Act, 1985 vide Ex. P-2 and consent of the appellant regarding search was recorded vide Ex. P-3. Thereafter, P.S.Bais (PW-1) searched his house. Ganja was found in his house kept in two fertilizer bags. Identification of the recovered article was conducted. After physical verification, it was found that the recovered article was Ganja. Ganja was weighed on the spot. It was found that out of two fertilizer bags, one bag had contained 12 kg and another bag had contained 4.600 kg Ganja. Weight Panchnama was prepared vide Ex.P-5. Ganja was seized vide Ex.P-6. Sample of the seized Ganja was prepared separately. Thereafter, P.S.Bais (PW-1) arrested the appellant vide Ex.P-9 and he came back to Police Station Khamharia and registered First Information Report (Ex.P-8). Action taken report was sent to SDO(P), Bemetara and copy of First Information Report (Ex.P-8), Arrest Memo (Ex.P-9) and Seizure Memo (Ex.P-6) were sent to Judicial Magistrate First Class, Bemetara and receipt (Ex.P-10) was obtained in that regard. The seized Ganja and its sample were handed over to Malkhana Moharrir for safe custody. The same was sent to Forensic Science Laboratory, Raipur for examination vide Ex.P-14. Report (Ex.P-23) was received therefrom vide Ex.P-24, in which, test of Ganja was found positive. After completion of the investigation, charge sheet was filed against the appellant in the Court of Special Judge under the Act, 1985, Durg, who conducted the trial and convicted and sentenced the appellant as mentioned above.

(3.) ON the contrary, Shri R.R.Sinha, learned Panel Lawyer for the State, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Special Judge do not warrant any interference by this Court.