RAMJI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27-4-2006 passed by Special Judge (NDPS Act), Raipur, in Special Criminal Case No. 52/2004 whereby the appellants were convicted under Section 20(b)(ii)(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "Act") and were sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1 lakh and in default of payment of fine to undergo additional rigorous imprisonment for 2 years.

(2.) Briefly stated the prosecution story is that on 20-11-2004 Station House Officer, Police Station, Devbhog, Shri Ashish Shukla received secret information that the appellants were in possession of illicit ganja at Bus Stand, Devbhog. After recording the said information, he proceeded to the spot alongwith independent witnesses Premlal (P.W. 1) and Khagesh (P.W. 2) and Head Constable P.L. Jagdalla (P.W. 7) and saw the appellants standing at the Bus Stand, Devbhog with a box made of a tin, 2 bags and one plastic bag lying near them. After completing necessary legal formalities relating to search and seizure, the aforesaid containers were searched and were found to contain illicit ganja. Weighment was got done by Station House Officer Shri Ashish Shukla (P.W. 5) and it was found that tin box contained 13.600 Kg. of ganja, 2 bags contained 12.500 Kg. and 8.500 Kg. of ganja respectively and the plastic bag contained 2.400 Kg. of ganja. Thus in all, 37 Kg. of ganja was seized from the appellants. From each container, two samples of 50 Grams each were taken and marked as A-l and A-2, B-l and B-2, C-l and C-2, D-l and D-2 and sealed. The illicit ganja so recovered from the conscious possession of the appellants, was handed over to Head Constable Rajiv Lochan Singh (P.W. 3) on 20-1 1 -2004 for being kept in the Malkhana at Police Station, Devbhog and entry was made in the Malkhana Register Ex. P-12 'C. On 21-11-2004 vide memo of Superintendent of Police Ex. P-16, 8 sample packets of 50 grams each were sent for chemical analysis to Forensic Science Laboratory through Constable Dharmendra Kumar Verma, No. 808 of Polite Station, Devbhog (P.W. 6), who delivered the samples packets at the Forensic Science Laboratory on 23-11-2004. Vide report Ex. C-1, dated 24-5-2005, it was opined that all the packets contained ganja. After completing investigation, the appellants were prosecuted under Section 20(b)(ii)(C) of the Act.

(3.) The appellants abjured the guilt, pleaded innocence and led no evidence in defence. The prosecution examined 7 witnesses. Relying upon the evidence led by the prosecution, learned Trial Court convicted and sentenced the appellants as aforesaid in Para 1 (supra).