RAMNANDE Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 02-12-2010 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Korea (Baikunthpur) in Special Case No. 40/2006. By the impugned judgment, accused/appellant Ramnande has been convicted under Section 20(b) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo simple imprisonment for 1 year. The case of the prosecution, in brief, is as under:

(2.) Shri Shakti Raj Sinha, learned counsel for the appellant contended that the evidence led by the prosecution lacks requisite proof required to convict the appellant under Section 20(b) of the Act, 1985. The independent witnesses did not support the case of the prosecution. There is nothing in the testimony of the investigating officer Tejnath Singh (PW-6) to show that Section 50 of the Act, 1985 is complied with. He further argued that the ganja was not sealed by the Station House Officer before handing it over to Malkhana Moharrir. The sample was sent to Forensic Science Laboratory (FSL), Raipur belatedly and there is no explanation therefor. Therefore, there is possibility of tampering of the sample. The investigating officer did not prepare seal panchnama and specimen seal was not affixed on the requisite documents. The search of the appellant was not conducted according to the provisions of the Act, 1985. Hence, the appellant deserves acquittal.

(3.) Shri Tarkeshwar Nande, learned Panel Lawyer appearing on behalf of the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not call for any interference by this Court.