RAJENDRA ALIAS GUDUA KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellant has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 3rd January, 2002 passed by the Special Judge, Ambikapur in Sessions Trial No. 8/2001 whereby learned Special Judge after holding the accused/appellant guilty for commission of the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act, 1985'), sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000.00 (one lac) and in default of payment of fine to further undergo rigorous imprisonment for three years.

(2.) The briefly stated prosecution case necessary for the disposal of this criminal appeal are that on 20-4-2001 at about 9.45 a.m. Sub Inspector (Probationary) Dhiraj Markam, posted at Police Station, Ambikapur received a credible information that one Rajendra alias Guduva, resident of Bramhapara is selling brown sugar (heroin) at his residence. On receiving this information he called two witnesses namely Sanjeev Kumar Sinha and Mahendra Singh, prepared a panchnama, copy of the same was sent to the Superintendent of Police through Constable No. 67 Laxmi Chand Gupta, and reached to the house of the accused/appellant where he informed the accused about his rights and gave notice under Section 50 of the Act, 1985. On this the accused/appellant gave his consent for search to Dhiraj Markam. On search it was found that in four packets of white polythin 65 sachets (Pudiya) of brown sugar were found in his possession. On weighing, the weight of the said brown sugar and polythin bag was found 8 gr. 900 mg. and after segregating the brown sugar its weight was found 2 gr. 800 mg. which was taken into possession, the case was registered, and after investigation the charge-sheet was filed in the Court of Special Judge. Learned Special Judge after framing the charge against the accused/appellant and recording the evidence of prosecution witnesses and statement of accused under Section 313 of the Cr.PC convicted and sentenced the accused/appellant as aforesaid.

(3.) I have heard learned Counsel for the accused/appellant Mrs. Hameeda Siddque and Mr. S.C. Verma, learned Panel Lawyer on behalf of the State.