HARIOM DHAKAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by appellants against the judgment of conviction and order of sentence dtd. 7/11/2019, passed in Special Criminal Case No.47/2017 by which the learned Special Judge (NDPS Act) Jagdalpur, District Bastar, convicted accused /appellants under Sec. 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentenced them to undergo RI for 10 years with fine of Rs.1,00,000.00.

(2.) The prosecution case, in brief, is this that on 6/9/2017 Sub-Inspector B.P. Joshi(PW-8) received secret information from the informant regarding transportation of ganja from Jagdalpur to Madhya Pradesh in blue colour Maruti Suzuki Ecco car bearing registration number CG17-KL-1473. After recording information in Rojnamchasanha and forwarding information to superior officers etc. he along with staff and witnesses reached the spot. Police detained the car of aforementioned description and noticed there persons travelling in it. On enquiry, they disclosed their identity. After informing them about their right to be searched under Sec. 50 of the NDPS Act and after issuing notice, police searched the car and found four bags of ganja in the car. On weighing the same, it was found that the contraband recovered from the accused/appellant is 83 kilogram. Dehati Nalishi was recorded on the spot. The accused persons were arrested and incriminating material was seized in presence of independent witnesses. Based on evidence collected, crime under the provisions of NDPS Act was registered against accused persons. Seized articles were sent for chemical examination to the Forensic Science Laboratory and from where report of Ex.P-42 was received on 18/9/2017. After completing investigation, challan was filed by the police for the offence under Sec. 20 (b) (ii) (C) of the NDPS Act.

(3.) Prosecution in order to prove its case examined total eight witnesses. Statements of accused persons were recorded under Sec. 313 of CrPC in which they denied all incriminating evidence appearing against them, pleaded innocence and false implication. Appellants have taken a defence that on the date and time of incident, they were returning to Jagdalpur from Dantewada after attending funeral of their relative. On the way, police stopped their car for checking, demanded illegal gratification and on their refusal, they have been framed in the offence in question. In support of their case, they have examined defence witness Dhanurjai (DW-1).