KARTIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13-02-2004 delivered in Special Case No. 46/2003 by Shri R.S. Sharma, learned Sessions Judge, N.D.P.S. Act. Bastar, Headquarter at Jagdalpur whereby the appellant was convicted under Section 20(b)(u)(B) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred to as the "Act") and was sentenced to R.I. for 4 years and a fine of Rs. 15,000/- and in default of payment of fine to undergo additional R I for 1 year.

(2.) Briefly stated the prosecution story is that on 17-10-2003 Sub Inspector Arvind Dwivedi, Station House Officer of Police Station-Pharasgaon upon receiving secret information about the possession of illicit ganja by a person, reached Badedongar Triangle along with staff and witnesses and apprehended the appellant who was carrying a red & blue coloured ragzine bag. After serving the appellant with a notice under Section-50 of the Act and also after obtaining the consent of the appellant to be searched by him, Sub Inspector Arvmd Dwivedi PW-5 searched the ragzine bag carried by the appellant and found ganja like substance therein. The substanc e was weighed by Tej Ram Sahu PW-3 at the place of occurrence and was found to weigh 8 kilogram. Two samples of 50 g.m. each were separated and packed and marked as Article A-1 & A-2 and were sealed Specimen impression of seal used by the Sub Inspector Arvmd Owivedi Station House Officer was also prepared Vide Ex.P-15. The sealed packet containing 7 kilogram and 900 gram Ganja and also the two sealed sample packets marked as Article A-l & A-2 were entrusted by Station House Officer Arvmd Dwivedi PW-5 to Head Constable Jaideo Bhoi PW-2 on 17-10-2003. On 19-10-2003 vide memo Ex.P-24 of the Superintendent of Police, Bastar, one sample packet Article A-l along with specimen impression of the seal was sent to the Forensic Science Laboratory, Raipur through Constable Genda Lal Sahu The sample packet A-l was received in the Forensic Science Laboratory, Raipur on 21-10-2003. Vide report dated 13-01 2004 Ex P-26 it was opined by the Forensic Science Laboratory that the sample packet contained ganja.

(3.) After completion of investigation, the appellant herein was prosecuted under Sections 20(b)(ii)(B) of the Act. The appellant abjured the guilt, pleaded false implication and led no evidence in defence. The prosecution examined as many as 5 witnesses. Relying upon the evidence led by the prosecution, the trial Court convicted and sentenced the appellant as aforesaid in para-1.