BASANT VERMA @ AATE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 29-09-2015 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and First Additional Sessions Judge, Balodabazar, District Balodabazar (CG) in Special Criminal (NDPS) Case No.02/2014 whereby and whereunder the learned Special Judge after holding the appellant guilty for illicit possession of 3 kg. of ganja, convicted him under Section 20 (b) (ii) B of the NDPS Act and sentenced him to undergo R.I. for 2 years and to pay fine of Rs. 15,000/-, in default of payment of fine to undergo additional 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 28-09-2014, ASI, N.K.Sahu (PW-6), the Investigating Officer, received information from the informant that the appellant is reaching to his village along with illegal substance ganja and if no any immediate action be taken, the said ganja may be disposed of or the appellant may abscond. The Investigating Officer recorded the information and informed his superior officials for the immediate action and thereafter along with Police party and panch witnesses reached to the spot. He saw the appellant coming on a cycle with some substance in white colour plastic bag in the carrier. Thereafter, the Investigating Officer served the appellant with a notice under Section 50 of the NDPS Act regarding his legal rights to be searched before a Magistrate or Gazetted Officer. The appellant consented to be searched by the Investigating Officer. Thereafter, Investigating Officer N.K.Sahu (PW-6) searched the white plastic bag and he noticed some objectionable material inside the plastic bag. On physical examination, the same was confirmed as ganja. Thereafter, after taking weight of the said ganja which was 3 kgs., he took out the samples, duly sealed and seized the samples and the remaining ganja and arrested the appellant. Thereafter, First Information Report was lodged and the the samples were sent for chemical analysis. After completion of the investigation, charge-sheet was filed before the Special Judge. The learned Special Judge framed charges under Section 20(b) of NDPS Act. The appellant denied the charges and requested for trial.