KARAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16/8/2005 delivered by Srnt. Maitrae Mathur, Special Judge, Raipur in Special Criminal Case No. 41/2002 whereby the appellant was convicted u/S. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as the 'Act') and was sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs. 25,000.00 and in default of payment of fine to undergo rigorous imprisonment for 6 months.

(2.) Briefly stated the prosecution story is that on 6-4-2002, the Asstt. Sub-Inspector, District Crimes Squad, Dhamtari Shri Ashok Dwivedi P. W. 3 received secret information that two persons, in unauthorized possession of ganja were going towards Makeshwar Ward. After completion of necessary legal formalities, he reached the Makeshwar Ward along with witnesses Chabila P. W. 1, Santosh P. W. 2 and police staff. Near the public utility in Makeshwar Ward, the appellant who was carrying a white plastic bag in his hand was apprehended. After serving the appellant with a notice under Section 50 of the Act, the bag in possession of the appellant was searched. It was found to contain Ganja like substance. Upon weighing, the substance of the bag was found to be 5 kg. and 200 gms. Two samples of 100gms each were taken and were scaled. The bag and the two samples were seized vide Ex.P-5 as also on 6-4-2002, and on the same day were entrusted for safe Custody in the Malkhana P. S. City Kotwali, Dhamtari vide Ex. P-13 (C). A specimen impression of the seal used to seal the samples was also entrusted for safe custody. On the same day vide memo Ex. P-15 of the Superintendent of Police, Dhamtari the white plastic bag and the two sample packets were sent for analysis to the Forensic Science Laboratory, Raipur through Constable Bheesham Singh Netam. These articles were ineceived in the F. S. L. Raipur on 8-4-2002. Vide report dated 18-4-2002, the Forensic Science Laboratory opined that all the 3 packets which were sent for chemical analysis contained Ganja. After completion of investigation, the appellant was prosecuted under Section 20(b) (i) of the Act.

(3.) The appellant abjured the guilt and pleaded innocence. The prosecution examined two independent witnesses Chabilal P. W. 1 and Santosh P. W. 2, A. S. I. Ashok Dwivedi P. W. 3, Malkhana Moharrir Rathram Patel P. W. 4, D. S. P. Ashok Pipare P. W. 5 and Constable Bheesham Singh Netam P. W. 6. No. evidence was led by the appellant.