STATE OF CHHATTISGARH Vs. VISHNU KUMAR SONI

JUDGEMENT

(1.) This acquittal appeal filed by the Appellant/State arises out of the judgment dtd. 5/3/2011 passed by the Special Judge under NDPS Act, Janjgir-Champa, C.G. in Special Criminal Case No.07/2010, whereby the learned trial Court acquitted the accused/respondent herein of the charge under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') on the basis of benefit of doubt.

(2.) Case of the prosecution, in brief, is that on 22/3/2010 at about 15:30 hours, PW-12 D.L. Mishra, Sub-Inspector, Police Station- Baloda, received a secret information from the informant that present respondent/accused has kept illegal ganja in his residence for sale. Thereafter, he prepared panchnama of informer's information vide Ex.P-25 and forwarded the same to Higher Official. Thereafter, witnesses were summoned to the police station through notices and informed them about the information received from the informant. Thereafter, he along with staff and witnesses rushed to the spot as informed by the informer and after reaching the spot, he told the respondent about the information received by him from informer. In compliance of Sec. 50 of NDPS Act, a notice vide (Ex.P-7) was given to the respondent. Thereafter, personal search of the police party and the witnesses was also made by the respondent. As per the consent of the respondent vide Ex.P-8, Police team searched the respondent and did not find anything and when the house of the accused was searched in presence of the witnesses, a narcotic substance like ganja was found kept in eight sacks inside one of the rooms. Along with the 8 sacks of ganja, cash of sold ganja amounting to Rs.15,240.00 and weighing scales were also found and the same were seized vide Ex.P-19 (seizure memo). After that, recovery panchnama (Ex.P-13) was prepared on the spot in presence of the witnesses and after smelling and rubbing the same, the recovered substance was found to be ganja. Thereafter, Samras Panchnama was prepared vide Ex.P-15 and following the provisions of law, ganja was weighed and weighing panchnama was prepared vide Ex.P.17 and total ganja of 165 kg was recovered. Two samples of 50 gms each were drawn from the recovered ganja, sealed separately and marked. Spot map was prepared vide Ex.P-22. After completion of proceedings, FIR vide Ex.P-43 was lodged against the respondent. Seized articles were sent to Malkhana vide Ex.P-26 and thereafter, respondent was taken into custody vide Ex.P-20. Seized samples packets were sent to FSL for chemical examination and as per FSL report (Ex.P-50-A), the recovered substance was found to be ganja.

(3.) After completion of investigation, charge sheet was filed against the accused/respondent before the Special Judge under NDPS Act. The respondent abjured the guilt and entered into defence.