INDRAJEET MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on application for suspension of sentence and grant of bail to the appellants.

(2.) By the impugned judgment dtd. 25/7/2022 passed by the learned Special Judge, NDPS Act 1985, Kondagaon, District- Kondagaon (C.G.) in Special Criminal Case (NDPS Act 1985) No. 39/2018, the appellant stands convicted, as under:-

(3.) Learned counsel for the appellant would submit that the trial Court without appreciating the Standing Order No. 1/89 dated 13 th June, 1989 which has been framed by Government of India in exercise of powers conferred by sub-sec. (1) of Sec. 52A of the NDPS Act, 1985 with regard to disposal of seized Narcotics Drug Psychiatric substance has convicted the appellants. Learned counsel for the appellant has drawn the attention of this Court towards sec. 2 of the Standing Order which deals with the general procedure for sampling, storage, etc. He would further submit that as per Standing Order, Clause 2.4, in case of seizure of a single package/container, one sample in duplicate shall be drawn. Normally, it is advisable to draw one sample (in duplicate) from each package/container in the case of seizure of more than one package/container. In the present case, there are 32 packets as reflected from identification panchnama of contraband article ganja, therefore, the prosecution should have taken sample in duplicate from each packages whereas in the present case after mixing the entire contraband ganja, they have prepared only two samples of 50- 50 grams. This vital aspect has been ignored by the trial Court while convicting the appellant. He would further submit that the Naib Tahsildar (PW-7) in his statement recorded before the Court has stated that after samrash, he prepared two samples plackets i.e. S1 and S2. From perusal of records, it is quite vivid that the contraband article kept in 32 packets have been mixed by the Naib Tahsildar (PW-7) in presence of Investigating Officer (PW-10) and out of samrash, he has prepared two samples of 50-50 grams each.