DELAN SINGH PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellants herein against the impugned judgment dtd. 20/06/2019 passed by learned Special Judge (NDPS Act), North Bastar Kanker in Special Criminal (NDPS) Case No. 42/2018 whereby they have been convicted for offence punishable under Sec. 20(B)(ii)(c) of the NDPS Act read with Sec. 34 of IPC and each of them has been sentenced to undergo R.I. for 15 years with fine of Rs.1,50,000.00 in default of payment of fine, additional R.I. for 3 years.

(2.) Case of the prosecution, in brief, is that on 18/07/2018, Sub-Inspector Bhujbal Sahu (P.W.-10) along with other staff of Police Station Charama went to village Machandur for M.C.P. action and on the left side of the road near Machandur junction, the police personnel, who were on duty, checked the vehicles on the spot and during the course of said checking, they spotted white coloured Hyndai Verna car bearing registration No. MP-04-CK-6333 and checked the same from which smell of intoxicant like ganja was coming. On suspicion, the driver and two other persons sitting in the vehicle introduced themselves as Delan Singh Patel (A-1), Badal Singh Lodhi (A-2) and Rajendra Singh Lodhi (A-3) and stated that were residents of Sagar. On being enquired, the driver Delan Singh Patel (A-1) informed the police that they were proceeding to Puri whereas the two other persons sitting in the vehicle (A-2 and A-3) informed them that they were proceeding to Jagdalpur. On the basis of contradictory statements, the police personnel suspected them and found that they were transporting ganja. Thereafter, panchnama was prepared and 31.360 kg of ganja was recovered from the possession of the appellants.

(3.) Further case of the prosecution is that in the presence of the witnesses, appellants were given notice under Sec. 91 of CrPC in connection with the transportation of ganja and demanded valid documents, upon which, the appellants could not produce any such document. In order to weigh the quantity of recovered substance, a certificate was issued to Constable Bhojram Netam (P.W.-2) and thereafter, the recovered substance was weighed and sealed. Sample packet of 200 gms each was taken from the recovered substance and thereafter, sample panchnama was prepared vide Ex. P/19. After weighing the remaining ganja after extracting, its total weight was 30 kgs and 530 grams, which was sealed and another panchnama was prepared. On weighing the emply plastic packets in which ganja was kept, its weight was measured to be 600 grams, which was kept in a sealed bag and after weighing it, panchnama was prepared in front of the witnesses. Sealed packets were sent for forensic examination and as per the FSL report (Ex. P/40), it was found to be ganja. After due investigation, the appellants were charge-sheeted for offence punishable under Sec. Sec. 20(B)(ii)(c) of the NDPS Act read with Sec. 34 of IPC which was committed to the Court of Special Judge (NDPS Act) for trial in accordance with law. The appellants abjured their guilt and entered into defence.