HIRMA MARKAMI Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12-01-2004 delivered by Shri R.S. Sharma, Special Judge (N.D.P.S. Act.), Bastar at Jagdalpur in Sessions Case No. 47/2003 whereby the Appellant was convicted under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") and was sentenced to R.I. for 5 years and a fine of Rs. 25,000/- and in default of payment of fine to undergo additional R.I. for 1 year.

(2.) BRIEFLY stated the prosecution story is that on 29-09-2003 upon receiving secret information that a person was transporting ganja in Payal Bus coming from Konta to Durg and was seated at Seat No. 23, Assistant Sub Inspector Diwakar Uppadhyay PW-1 of Police Station-Bodhghat after recording the said information vide Ex. P-1 proceeded to the spot. At the bus stand, Jagdalpur the Appellant was seated inside the bus and a reddish green air bag was kept below his seat. After observing necessary legal formalities, the air bag was searched and it was found to contain 4 packets in which ganja like substance was kept. Upon being weighed the 4 packets, weighed 4.500 Kilogram, 2.500 kilogram, 1.500 Kilogram and 650 Grams respectively thus weighing in all 9.150 Kilogram of ganja. From each packet, two samples of 25 grams each were taken and sealed and remaining ganja was also sealed. The 8 sample packets of 25 grams each and the remaining ganja kept in a sealed condition in the aforesaid air bag, was entrusted to B.P. Joshi, Malkhanc Moharrir, PW-2 P.S.-Bodhghat on 30-09-2003 and on the same day entry was made in the Malkhana Register Vide Ex. P-23 (C). On 02-10-2003 four packets along with the specimen impression of seal were sent through constable Rajesh Singh to Forensic Science Laboratory and entry to that effect was made in the Malkhana Register on 05-10-2003 vide Rojnamchasana No. 269. Four sample packets along with a memo Ex. P-19 of Superintendent of Police, Bastar at Jagdalpur were delivered not by Constable Rajesh Singh but by another Constable Jeetu Ram No. 90 of P.S. Bodhghat to the Forensic Science Laboratory after considerable delay on 10-10-2003. Vide report dated 05-01-2004 Ex. P-25 it was opined that all the four packets contained ganja. After completion of investigation, the Appellant was prosecuted under Section 20 (b) (ii) (B) of the Act. The Appellant abjured the guilt and pleaded innocence and led no evidence. The prosecution examined 4 witnesses. Relying upon the evidence led by the prosecution, the learned trial Judge convicted and sentenced the Appellant as aforesaid in para-1. (Supra)

(3.) RELIANCE was placed on Gopal v. State of Madhya Pradesh : 2002 (9) SCC 595, Avtar Singh and Ors. v. State of Punjab 2002 (7) SCC 419 Bhola Ram Kushwaha v. State of Madhya Pradesh AIR 2001 S.C. 229, State of Rajasthan v. Daulat Ram : AIR 1980 S.C. 1314 and also the decision rendered by this Court in case of Sukhchand @ Sudru das v. State of Chhattisgarh in Criminal Appeal No. 925/2002decided on 30-01-2006 in support of the above contention. On the other hand, Shri U.K.S. Chandel, learned Panel lawyer argued in support of the impugned judgment.