BUDHRAM SINGH MARAVI Vs. STATE OF C.G.

JUDGEMENT

(1.) This judgment shall govern Criminal Appeal No. 683/2005 by Budhram Singh Maravi and Criminal Appeal No. 598/2005 by Nand Kumar Singh Thakur. Both Appellants were convicted under Section-8 & Section-20(b)(ii)(B) of She Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and were sentenced to undergo rigorous imprisonment for 4 years and a fine of Rs. 5,000.00, and in default of the same, to undergo additional R.I. for one month vide judgment dated 12-07-2005 delivered by Shri A.K. Pradhan, Special Judge (N.D.P.S.), Bilaspur in Special Criminal Case No. 03/2005.

(2.) Brief facts are that Inspector N. Khalkho PW-5 received secret information that the Appellant Budhram along with his companion was in unauthorized possession of ganja at his house in Village-Dhanras. After recording the said information vide Ex.P-1, he proceeded to the house of Appellant Budhram at 'Village-Dhanras. The Appellant Nand Kumar Singh Thakur was sleeping on a cot. Three plastic bags were kept beneath the cot. On being searched, they were found to contain 20 packets of ganja. The house of Budhram was also searched and from one room contraband Ganja kept in one bag was recovered. Weighment was got done. Ganja recovered from the house of Budhram in one plastic bag containing 7 packets was found to weigh 7 K.G. i.e. 1 packet of 1 K.G, each whereas 20 packets seized from the Appellant Nand Kumar Singh Thakur were found to weigh 20 K.G. Out of these 20 samples of 250 Grams each were separated from each plastic bag seized from the Appellant Nand Kumar and similarly 7 samples of 250 grams each were separated from the ganja seized from the house of Appellant Budhram. The samples as also the remaining articles were sealed by the Inspector N. Khalkho PW-5 who was the Officer-in-charge of Police Station-Kota at the relevant time. Two sample packets prepared from the ganja seized from each Appellant were entrusted to Head Constable Santosh Yadav of Police Station-Kota for safe custody on 17-11-2004. On 23-11-2004, with memo Ex.P-32 of Superintendent of Police, Bilaspur two sealed packet of 250 grams each were delivered for chemical analysis to the Forensic Science Laboratory by Constable Rajju on 25-11-2004. Vide report Ex.P-39 of Forensic Science Laboratory, it was opined that both the sample packets contained ganja. After completion of investigation, the Appellants were prosecuted.

(3.) The Appellants abjured the guilt, pleaded innocence and led no evidence in defence. The prosecution examined 5 witnesses. Relying upon the evidence led...by the prosecution, the learned trial Judge convicted and sentenced the Appellants as aforesaid in para-1. (Supra)