ANSARI SABIR HUSAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal under Sec. 374(2) of Code of Criminal Procedure has been filed challenging the judgment of conviction and order of sentence dtd. 10/11/2023 passed by learned Special Judge (NDPS Act), Raipur, District-Raipur (C.G.), in Special Criminal Case No.46/2023 whereby the appellant has been convicted and sentenced as under : <FRM>JUDGEMENT_30_LAWS(CHH)7_2025_1.html</FRM>

(2.) The case of prosecution, in short, is that on 24/1/2023, a secret information was received by A.S.I., L.S. Rajput (PW-9) of G.R.P. Raipur to the extent that a person was carrying narcotic substance (Ganja) from Orissa to Gujarat in a bag, in Puri-Ajmer Train No. 20823 in AC Coach B-2. On the basis of the said information, a proceeding as is required under the NDPS Act was initiated by PW-9 L.S. Rajput. Intimation in this regard was immediately sent to the higher officer. The GRP team headed by PW-9 went to the spot and on search, 11 Kg. Ganja was found from the possession of the appellant which was kept in two plastic packets (one weighing 5 kg and another weighing 6 kg). The statutory provisions under the NDPS Act was complied with and the matter was put to trial before the Special Judge, NDPS Act, Raipur.

(3.) So as to hold the appellant guilty, the prosecution has examined as many as 9 witnesses and exhibited 37 documents. The statement of the appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case.