NEM KUMAR SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21.02.2012 passed by the Special Judge under N.D.P.S. Act, Raipur, in Special Criminal Case No.05/2010 convicting the accused/appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act of 1985') and sentencing him to undergo RI for fifteen years and to pay a fine of Rs.1,50,000/-, in default of payment of fine, to further undergo RI for two and half 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.) Facts of the case, in brief, are that on 14.12.2009, Mukesh Khare, Sub-Inspector (P.W.12), Police Station, Pandri, while he was on duty, received an information from the informer that one Nem Kumar Singh Rathore was in possession of ganja unlawfully in the Jeep and was in search of selling the same near Pandri Gurudwara. The information was reduced to writing vide Ex.P.19 and the same was forwarded to City Superintendent of Police, Civil Lines, Raipur, vide Ex.P.26. Thereafter, Police Party including panch witnesses Imran Khan (P.W.3) and Vinod Sharma (P.W.4) rushed to the spot, apprehended the accused/appellant and gave notice (Ex.P.5) to the appellant under Section 50 of the Act of 1985. Vide Ex.P.6 the accused/appellant has given his consent to be searched by P.W.12 Mukesh Khare. Likewise, Police Party has also given their consent to be searched by the appellant vide Ex.P.7. During search of the vehicle, 9 bags containing contraband ganja was found and the same was recovered vide Ex.P.8 from the vehicle. The same was identified to be ganja vide Ex.P.10. After recovery of the ganja, the same was weighed and physically verified vide Ex.P.9. Contraband was homogenized and total quantity of ganja, after its weighment, was found to be 279.100 kilograms vide Ex.P. 11. Samples of 50 grams each were taken out from all bags, they were duly sealed and after completion of the exercise, the accused was arrested vide Ex.P.15. After returning to Police Station, contraband ganja and its samples were deposited in Malkhana and entry of the same was done in the register vide Ex.P.22. F.I.R. under Section 20 (b) of the Act was registered vide Ex.P.30. Samples were sent to Forensic Science Laboratory together with memo dated 16.12.2009, which were received vide acknowledgement dated 17.12.2009 vide Ex.P.24. F.S.L. report was received vide Ex.P.26 and after completion of investigation, charge sheet was filed under Section 20 (b) (ii) (C) of the Act of 1985.