SARJU SISODIYA Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 3rd July, 2009 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Janjgir, District Janjgir-Champa in Special Case No. 2/2009. By the impugned judgment, accused/appellant Sarju Sisodiya has been convicted under Section 20(b)(i),(ii)(B) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 8 years and to pay fine of Rs. 5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months. The case of the prosecution, in brief, is as under:

(2.) Shri Ashok Dixit, learned counsel for the appellant argued that there was no compliance of provisions of Sections 42, 50, 55 and 57 of the Act, 1985. Mukhbir suchna was not sent to superior officers. Looking to the Ex.-P/1, it appears that it was not sent immediately. Therefore, the provision of Section 42 of the Act, 1985 was not complied with. He further argued that there is nothing on record to show that Section 50 of the Act, 1985 has been complied with by Sub-Inspector Harprasad Pandey (P.W.-7). He further argued that the ganja was not sealed properly. The sample was sent to FSL, Raipur belatedly and there is no explanation therefore. Therefore, there is possibility of tampering of the sample. Hence, the appellant deserves acquittal.

(3.) Shri Mahesh Mishra, 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.