SHIVATH SHAH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have preferred this appeal, being aggrieved by the judgment dated 28-12-2005 delivered by the Special Judge (N.DP.S. Act), Durg in Special Case No.02/2005 whereby the appellants were convicted under Section-20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) read with Section-8(C) thereof and sentenced to rigorous imprisonment for 12 years each and a fine of Rs. 1 lakh and in default to undergo rigorous imprisonment of three years. The appellants have preferred this appeal.

(2.) Brief facts are that on 30-12-2004 Sub Inspector M.K. Dhruv PW-7 of Police Station-Chhawni while on mobile checking at Power House, Bus Stand, Bhilai at about 6 P.M. received secret information that contraband ganja was being transported from Raipur in Tata Indica Car bearing Registration No.C.G.-08/0139. He recorded the secret information at 06.10 P.M. vide Ex.P-17 and sent information thereof to his superiors vide Ex.P-18. Witness Siyaram Singh PW-1 and Vipin Singh PW-2 were summoned vide Ex.P-1 to remain present at the time of raid. The Tata Indica Car bearing Registration No. C.G.-08/0139 coming from Raipur was intercepted soon thereafter in presence of the abovementioned witnesses and Head Constable Ashok Yadav PW-8 and Constable Sohrab Khan PW-9. The occupants' appellant Vijay Menon and co-accused Rane @ Ranjit on seeing the police fled. Driver appellant Shivnath was apprehended. After preparing panchnama vide Ex.P-2 for affecting the search without obtaining a search warrant and giving notice to the appellant Shivnath Shah@ Munna, a search of the Tata Indica Car was conducted. 28 bundles wrapped in newspaper were found in the dicky, and below the seats. Panchanama Ex.P-6 was prepared. Sub Inspector M.K. Dhruv PW-7 on personal experience felt that the bundles contained ganja and prepared panchanama vide Ex.P-7. The seizeed contraband ganja was taken to the shop of Rajendra Paswan PW-3 at Tea Market, Old Chhawni, for weighment who found that the total weight of the ganja in 28 bundles was 180 Kilograms. Weighment Panchnama was prepared vide ExP-8. Two samples of 50 grams each from 28 bundles were separated and panchnama Ex.P-9 was prepared. 56 samples thus prepared and the remaining ganja contained in 28 bundles was sealed by M.K. Dhruv, PW-7. Seal Panchnama Ex.P-10 was prepared. 56 sealed sample packets and the remaining ganja contained in 28 sealed bundles and Tata Indica Car bearing Registration No.C.G.-08/0139 were seized on the spot i.e. in front of Project /Automobiles vide seizure memo Ex.P-11. Appellant-Shivnath Shah was arrested vide Ex.P-12. On 30-12-2004, 28 bundles and 56 sample packets taken there from were entrusted in sealed condition for safe custody at the malkhana of Police Station-Chhawni to Head Constable Man haran Lal Yadav PW-5 who entered it in the malkhana register Ex.P-19-C. On 31-12-2004, 56 sample packets were entrusted to Constable Narrotam Singh PW-6 for being taken to the Forensic Science Laboratory, Raipur for chemical analysis which was delivered by him at the Forensic Science Laboratory, Raipur on 03-01-2005. Vide report Ex.P-26 of Forensic Science Laboratory, Raipur, it was opined that all the 56 sample packets contained ganja.

(3.) Charge sheet was filed only against the appellant Shivnath Shah since other co-accused Rane @ Ranjit and appellant Vijay Menon were absconding. Appellant Vijay Menon was arrested and produced before the learned trial Judge on 21-03-2005. Rane @ Ranjit remained absconding during the trial.