RINKU CHOUDHARY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has challenged the impugned judgment of conviction and order of sentence dtd. 30/11/2019 passed in Special Criminal Case No. 51/2018 by the Special Judge (NDPS Act) Raipur, District Raipur, CG whereby the appellant has been convicted and sentenced as mentioned herein below. Conviction Sentence Under Sec. 20(b) II (c) of RI for 10 years and fine of Rs. NDPS Act, 1985. 1,00,000/- in default of payment of fine 2 years Additional RI.

(2.) The appellant was charged for offence punishable under Sec. 20(b) II (c) of NDPS Act, 1985 (for short NDPS Act.) that he was found in illegal possession of 22 kilograms contraband (Ganja) on 21/6/2018 at 16:20 hours at Railway Station, Raipur, CG.

(3.) Prosecution story in brief, is that on 21/6/2018 in-charge of the police station GRP ASI Mr. L.S. Rajput (PW-8) received secret information that three people were sitting in platform No. 2 and 3 towards Durg at Railway Station, Raipur keeping the Narcotic goods. That said information was recorded by him in Rajnamcha Sanha No. 33/18 dtd. 21/6/2018 (Ex. P-19C) and sent constable Khetram Sahu (PW-1) to call for the witnesses who called Suresh Mahanand (PW-6) and Prahlad Yadu (PW-7). They were intimated by giving a notice under Sec. 160 of CrPC (Ex.P-9) asking to corporate in the further investigation, and on their consent, Mukhbir Suchna Panchnama (Ex.P-2) and Panchnama to Seizure and arrest without obtaining warrant (Ex.P-3) were prepared. Constable No. 258 Diwakar Tiwari (PW-2) was sent along with the information to Superintendent of Police Railways Raipur and looking to the possibility of contraband being destroyed he (PW8) along with his staff and witnesses proceeded towards platform No. 2 and 3 at Durg corner, without obtaining warrant to that effect.