SANTOSH NAIK Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 05-03-2011 passed by the Special Session Judge, constituted under Narcotic Drugs and Psychotropic Substance Act, Jagbdalpur in Special Case No.29/2009, whereby and whereunder, the trial Court, after holding the appellant guilty for illegal possession of Ganja in quantity of 449.700 kilograms in Tata Sumo Victa bearing registration No. CG-04/H/3733, convicted the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, "the Act, 1985") and sentenced him to undergo R.I. for 14 years and to pay fine of Rs1,00,000/-, in default of payment of fine to undergo additional R.I. for two years.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) The case of the prosecution, in brief, is that on 03-06-2009 at about 8.05 a.m., Vikas Chandra Rai (PW/5), Assistant SubInspector received a secret information that one Tata Sumo bearing registration No. CG 4/H/3733 coming from Jagdalpur was carrying Ganja illegally. Upon this information Vikas Chandra Rai (PW/5) called the witnesses and recorded the information in Rojnamcha Sanha No.4 vide Ex.P/20-C and the same was sent to superior officer vide Ex.P/21. He rushed to spot along with staff members where they chased Tata Sumo bearing registration No. CG 4/H/3733, stopped the vehicle and caught hold of the accused who was driving the said vehicle. Thereafter, notice under Section 91 of the Cr.P.C was served on the accused/appellant, he was not in a position to offer any explanation as to how he came to be in possession of such contraband. Notice under Section 50 of the Act, 1988 was also served on appellant vide Ex.P/9 for search and he agreed for search vide Ex.P/9. Appellant and witnesses searched the Investigating Officer vide Exp.P/10. Thereafter, vehicle was searched in which Ganja was found. Recovery panchnama was prepared vide Exh.P/11 and Exh.P/12, seized article was identified to be Ganja vide Exh.P/13, weighing machine was called vide Ex.P/14, Ganja was weighed vide Ex.P/15, samples of Ganja were taken vide Exh.P/17, Ganja was sealed and seized from the exclusive possession of accused/appellant. The vehicle used in carrying the contraband and the documents were seized from the appellant vide Ex.P/5. Accused/appellant was arrested vide Exh.P/19, Rojnamcha Sanha was recorded vide Exh.P/20 to Exh. P/24-C. First information report was lodged vide Exh.P/25. Seized articles were deposited in Malkhana vide Exh.P/4-C. Sample of the seized article was sent to Forensic Science Laboratory, Raipur for chemical examination vide Exh.P/27 and a report thereof has been received vide Exh.P/29, affirming to be Ganja.