VAINKAT RAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8-7-2003 delivered by Smt. Maitrayee Mathur, Special Judge, Rajriandgaon in Special Case No. 41/ 2003 whereby the appellant was convicted under Section 20(b)(i) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act, 1985) and was sentenced to rigorous imprisonment for 5 years and fine of Rs. 5,000/- and in default of payment of fine to further undergo additional rigorous imprisonment for 1 year.

(2.) Briefly stated the prosecution story is that Assistant Sub-Inspector P. L. Markam PW-8 of City Kotwali, Rajriandgaon received secret information that the appellant had brought illicit ganja at the bus stand, Rajnandgaon. After recording the said information and complying with the necessary legal formalities Shri P. L. Markam PW-8 proceeded to the bus stand, Rajnandgaon along with rickshaw pullers Gariba PW-2, Mangru PW-3 and Constable Rajmal Singh PW-4. The appellant was seen carrying a plastic bag. After serving a notice under Section 50 of the Act. 1985 upon the appellant, he was searched. No incriminating article was found during personal search of the appellant. The plastic bag carried by the appellant was also searched and it was found to contain ganja like substance. Gold Smith Champa Lal Soni PW-5 weighed the contents of the plastic bag. It was found that the total weight of the bag was 6 kg. and 400 grams while the weight of the empty bag was 200 grams. Two samples of 50 grams each were taken from the contents of the plastic bag and seizure memo Ex. P-5 was prepared. Two sample packets of 50 gram each along with the remaining 6 kg. and 100 gram ganja were entrusted to Head Constable B. L. Sinha PW-1 for safe custody in the Malkhana.

(3.) On 5-3-2003, two sample packets of 50 gram each marked as Article B and C were sent along with the memo of Superintendent of Police, Rajnandgaon to the Forensic Science Laboratory through Constable B. P. Nirala PW-6. After examining the contents of the sample, the Forensic Science Laboratory opined that both the packets contained ganja. After completion of investigation, the appellant was prosscuted under Section 20(b) of the Act 1985. A charge under Section 20(b)(i) of the Act of 1985 was framed against the appellant who abjured the guilt, pleaded innocence and false implication and led no evidence in defence. The prosecution examined as many as 8 witnesses. Relying upon the evidenceled by the prosecution, the trial Judge convicted and sentenced the appellant as aforesaid in para 1 (supra).