TEEJ RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Teejram Sahu " sole appellant in Cr.A.No.1585/2017 and two appellants in Cr.A.No.1046/2013 namely Veer Pradhan and Nakul Bag have preferred these two criminal appeals under Sec. 374(2) of the CrPC against their conviction by the impugned judgment dtd. 3/10/2013 by which they have been convicted for offence under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act") and sentenced to undergo rigorous imprisonment for twelve years and pay fine of ? 1,25,000/- each, in default of payment of fine to further undergo additional rigorous imprisonment for three years.

(2.) Since both the criminal appeals have arisen out of one and same judgment dtd. 3/10/2013 passed by the Special Judge (NDPS Act), Raigarh, in one Special Case No.2/2010 and since common question of fact and law is involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(3.) Case of the prosecution, in short, is that on 24/1/2010 at 3.45 a.m., during night patrolling, ASI R.K. Patel informed Inspector H.P. Singh (PW-7) that during night patrolling near Nagar Palika Sarangarh Square, they apprehended a white Ambassador Car containing illegal contraband and tried to stop the same, however, the car driver took the car towards Sarsiva Road upon which the car was chased with the apprehension of containing some illegal contraband and the said car was halted by overtaking near Rani Sagar and interrogation was conducted suspecting transportation of Narcotic drug. The Constable and the Head Constable, who were on town patrolling, came to the place of incident along with two witnesses namely Sher Bahadur (PW-2) and Ramesh Bahadur (PW-3) in front of whom driver of the car namely Nakul Bag and other accused Babulal, who was sitting inside the car bearing registration No.OR-15/A-6726, were interrogated and the car boot was opened by Babulal and was thereafter searched on which two white colour plastic bags were found containing contraband substance which were opened in front of the witnesses and the accused persons and the same was seized vide Ex.P-1. Thereafter, at 4.10 a.m., in front of the seizure witnesses namely Sher Bahadur (PW-2) and Ramesh Bahadur (PW-3), the said contraband was identified as Ganja vide Ex.P-2. Thereafter, at 4.30 a.m., weighing machine of Bodhram (PW-4) was physically verified vide Ex.P-3 and at 4.35 a.m., the contraband was weighed vide Ex.P-4 on which it was found that the first bag was containing 31.400 Kgs. of Ganja and the second bag was containing 7.900 Kgs. of Ganja, total weighing about 39.300 Kgs. Thereafter, the seized material was identified as contraband by sniffing and by burning and the identification panchnama was recorded vide Ex.P-2 out of which 100 gms. of sample was taken out from each bag and sealed separately and sent for chemical analysis to the Forensic Science Laboratory vide Ex.P-26 through the Office of the Superintendent of Police, Raigarh on 25/1/2010. Report received from the FSL " Ex.P-29 clearly confirms the contraband article as Ganja. On the same day i.e. 24/1/2010 at 4.50 a.m., a small diary was seized from accused Teejram Sahu vide Ex.P-6 wherein certain information regarding supply of Ganja and rate was mentioned which was duly recorded in the seizure memo. From accused Veer Pradhan, a pocket diary was seized vide Ex.P-8 in which some phone numbers were written in Oriya Language. Thereafter, at 5.40 a.m., first information report (FIR) Ex.P-19 was registered and information of offence was sent to the Judicial Magistrate First Class, Sarangarh vide Ex.P-20. The report of the FSL was received vide Ex.P-29 wherein the contraband material was found to be Ganja and thus proved to be contraband. Thereafter, after usual and due investigation, the appellants were charge-sheeted for offence under Sec. 20(b)(ii)(C) of the NDPS Act before the Special Court (NDPS Act), Raigarh for hearing and disposal in accordance with law.