KARUNAKAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred by the accused persons against judgment dtd. 16/2/2018 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the NDPS Act'), Saraipali, District Mahasamund in Special Criminal Case No.14 of 2016, whereby the accused persons/Appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_56_LAWS(CHH)9_2023_1.html</FRM>

(2.) Case of the prosecution is that on 30/8/2015 K.B. Dwivedi (PW12), who was Station House Officer of Police Station Saraipali along with staff members and witnesses Babulal (PW3) and Sarthi Sao (PW6) were searching suspicious vehicles near Village Baitari at about 9 AM. A suspicious vehicle/car bearing registration No.OD 05 C 9973, which was coming from Odisha side, reached there. When a signal was given to stop the vehicle, the driver of the vehicle tried to flee from there. The vehicle was however stopped. Appellant Rajesh was driving the vehicle and Appellant Karunakar was sitting with Appellant Rajesh in the vehicle. On being asked, they informed that Ganja was kept in the vehicle. Executive Magistrate and Sub-Divisional Officer (Police) of Saraipali were informed about the incident and the Executive Magistrate was requested through mobile phone for his presence at the spot during the time of search. Further case of the prosecution is that on being searched, 100 packets of Ganja were found in the vehicle. Each packet contained 1 kg. Ganja. All the packets were opened and the Ganja kept therein was mixed. 2 sample packets each containing 100 gms. Ganja were prepared and marked as A1 and A2. Remaining Ganja was kept in 4 bags and all the 4 bags were sealed and marked as A, B, C, D. The sample packets and the 4 bags were seized. On completion of other formalities on the spot, the Station House Officer returned to the police station and First Information Report was registered. The seized articles were deposited in the Malkhana and acknowledgment thereof was obtained. Information was sent to the higher officer regarding the entire proceedings. Both the sample packets were sent to Forensic Science Laboratory (FSL) for chemical examination. Report of the FSL is Ex.P39. The FSL found the substance to be Ganja. Statements of witnesses were recorded. On completion of the investigation, a charge-sheet was filed against the Appellants as well as co-accused Saraswati Behra (acquitted), who was owner of the vehicle. The Trial Court framed charges. In support of its case, the prosecution examined as many as 12 witnesses. In examination under Sec. 313 Cr.P.C., the accused persons denied the guilt and pleaded innocence. No witness was examined in defence. On completion of the trial, the Trial Court acquitted co-accused Saraswati Behra of all the charges framed against her, but, convicted and sentenced the present Appellants as mentioned in first paragraph of this judgment. Hence, the instant appeal.

(3.) Learned Counsel appearing for the Appellants submitted that without there being any sufficient and clinching evidence on record the Trial Court has convicted the Appellants. The provisions of Sec. 55 of the NDPS Act have not been duly complied with. Learned Counsel further submitted that Standing Order No.1/88 dtd. 15/3/1988 issued by the Narcotics Control Bureau and Standing Order No.1/89 dtd. 13/6/1989 issued under sub-sec. (1) of Sec. 52A of the NDPS Act by the Department of Revenue, Ministry of Finance, Government of India have also not been complied with. The provisions of Sec. 52A of the NDPS Act have also not been followed. Therefore, the entire case of the prosecution appears to be doubtful and the Appellants are entitled to get benefit of doubt. Reliance was placed on the judgment in Simarnjit Singh v. State of Punjab, Criminal Appeal No.1443 of 2023 passed by the Supreme Court on 9/5/2023, the judgment of High Court of Delhi reported in 2020 SCC OnLine Del 2080 (Amani Fidel Chris v. Narcotics Control Bureau). Reliance was also placed on the judgment passed by the Supreme Court reported in (2009) 12 SCC 161 (Union of India v. Bal Mukund).