KASHIRAM RATHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 17.9.2015 passed by the Special Judge, (Narcotic Drugs and Psychotropic Substances Act, 1985), Raigarh (CG) in Special Case No.13/2012, whereby and whereunder the learned Special Judge after holding the appellant guilty for illicit possession of 1kg and 990gm of psychotropic substance ganja, the cannabis, convicted him under Section 20 (b) (ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act') and sentenced to undergo R.I. for 2 years and fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for 3 months.

(2.) The conviction is impugned on the ground that without there being any iota of evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution on 1.5.2012 at about 7.00 pm, A.S.I., Shri R.S. Tiwari (PW6) received information that the appellant had kept ganja in a plastic bag at Kewda Badi, Bus Stand, Raigarh. On which, he called the Panch witnesses and prepared panchanama, Ex. P/16. The information was sent to the superior officials under Section 42 of the NDPS Act and the Investigating Officer, along with Police party and Panch witnesses, reached to the spot. The appellant was found at Kewda Badi Bus Stand with a plastic bag. The Investigating Officer served a notice under Section 50 of the NDPS Act, Ex. P/3 to the appellant and informed him regarding his legal rights that whether he may be searched before the gazetted officer or the magistrate. The appellant consented to be searched by the Investigating Officer. Thereafter, on search the appellant was found keeping a bag in which 2 packets of some objectionable substance were found and those were recovered. On physical examination, it was identified as ganja. A sample was prepared and duly sealed, the remaining ganja was seized and the appellant was arrested. The weight of the ganja was 1kg and 990gm. First Information Report was lodged vide Ex. P/25. The sample was sent to Forensic Science Laboratory for chemical analysis. As per FSL Report, the substance seized containing in the sample was confirmed as ganja. After completion of the investigation, charge-sheet was filed before the concerned Special Court for trial. The learned Special Judge framed charges under the aforementioned Section of NDPS Act. The appellant denied the charges and prayed for trial.