SHIV KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.07.2005 delivered by Shri A.K.Pradhan, Special Judge (Narcotics), Bilaspur in Special Criminal Case No.29/ 2004 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 undergo R.I. for three years and a fine of Rs. 10,000/-, in default of payment of fine to undergo additional R.I. for six months.

(2.) Briefly stated the prosecution story is that on 8.6.2004 at about 3.30 P.M. Sub-Inspector N.S. Dhritlahre P.W.2 of outpost Pachpedi, Police Station Mastoori upon receiving secret information that the appellant was in possession of ganja for the purpose of sale at his residence in Pachpedi Nayak Tand locality, recorded the said information and proceeded to the house of the appellant along with witnesses Shyamlal P.W.6 and Harprasad. A search of house of the appellant was conducted at 5.00 P.M. and in one of the rooms 5 kilograms ganja like substance kept inside a plastic cement bag was recovered. On weighment of the articles the substance weighed 5 kilograms. Two samples of 25 grams each were taken and were sealed. The remaining substance was also seized. The aforesaid articles were handed over to Head Constable Amritlal P.W.5 for safe custody and were kept at the Malkhana vide Ex.P.27-A. On 10.6.2004 one of the samples was sent through Constable Vijay Kumar P.W.2 to the Forensic Science Laboratory. Vide report Ex.P.28 dated 24.07.2004, the F.S.L. opined that the sample packet contained ganja. After completion of investigation prosecution was launched against the appellant.

(3.) The appellant abjured the guilt, pleaded innocence and led evidence of Raj Kumar D.W.1 in defence. The prosecution examined as many as 6 witnesses. Relying upon the evidence led by the prosecution, the learned trial judge convicted and sentenced the appellant as aforesaid in paragraph 1.