INAMUL AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) All the appeals are directed against the judgment of conviction and order of sentence dated 14.9.2010 passed by learned Special Judge (NDPS), Koria, Baikunthpur in Special Sessions Trial No. 2/2009, whereby and whereunder the appellants of the three appeals have been held guilty of commission of offence alleged against them and sentenced as described below:--

(2.) Further case of the prosecution is that the police team arrived at the informed place i.e. Khediya Triangle and suspect vehicle was stopped and searched, in which 4 bags containing total 50.024 k.g. of ganja were found in possession of the appellants travelling in the vehicle which was being driven by appellant- Sunil. One of the constables in the team was asked to bring weighing machine for weighment Ganja kept in the bags was weighed. Two samples, each of 50 grams were drawn from each of those bags and sealed. Two mobiles sets were also seized. The proceedings were recorded in different panchnama namely Vahan panchnama [Ex. P1(A)], search panchnama (Ex. P-2), search panchnama of police team (Ex. P-3), recovery (of ganja) panchnama in Ex. P-4, identification (of ganja) panchnama in Ex. P-5 and weighment panchnama in Ex. P-6. Vehicle, ganja and mobile phones were seized from appellant Sunil vide seizure memo Ex. P-7. The appellants were brought to the police station and FIR in Ex. P-22 was recorded by the Investigating Officer Prem Sahu (P.W.9) at 14:00 hrs. against the appellants for alleged commission of offence under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the NDPS Act."). Further case of the prosecution is that seized quantity of ganja was deposited in the malkhana of the police station vide Ex. P-23 by Prem Sahu (P.W.9) and thereafter samples which were drawn at the time of seizure were sent to Forensic Science Laboratory (FSL) along with covering memo dated 31.3.2009 of Superintendent of Police, Korea vide Ex. P-30 through Constable-Pushpraj Singh (P.W.8) in respect of which an acknowledgment of receipt vide Ex. P-18 was issued by the FSL. FSL report dated 17.8.2009 (Ex. P-31) was received confirming samples as ganja.

(3.) Upon submission of charge sheet, learned Special Judge charged each of the appellants for commission of offence under Section 20(b)(ii)(C) of the NDPS Act. As the appellants abjured guilt, they were put to trial. In order to prove its case, the prosecution examined as many as 9 witnesses. The appellants were examined under Section 313 of the Cr.P.C. in respect of incriminating evidence and circumstances appearing against them in the evidence led by the prosecution. All the appellants denied having committed the offence and defence of the appellant-Sunil Kumar was that the vehicle was taken by the police of Police Station-Kotma to the house of Ramsundar and on the next date, he was called by the police to take the vehicle. He was not arrested by the police of Manendragarh and false case has been prepared. Other appellants dimply denied having committed offence and said that they have been falsely implicated. No defence witness was examined. Relying upon the evidence led by the prosecution, learned trial Court held all the appellants guilty of commission of offence under Section 20(b)(ii)(C) of the NDPS Act i.e. illegal possession of ganja of commercial quantity and sentenced them as described above.