BINDUGIRI @ VINOD KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by the learned Special Judge(NDPS Act), Jashpur in Special Case No.06/2013 on 2/4/2014, whereby appellant No.1(Bindugiri) has been convicted under Sec. 20(b)(II)(B) of NDPS Act, 1985 and sentenced with R.I. for five years along with a fine of Rs.5000.00, appellant No.2(Roshan Singh) has been convicted under Sec. 20(b)(II)(B) of NDPS Act, 1985 read with Sec. 29 of NDPS Act, 1985 and sentenced with R.I. for a period of five years along with a fine of Rs.5000.00.

(2.) The facts of the case are these, that on 30/10/2013 Sub-Inspector B.S. Rajput (PW/12) received information from one informer that one Vinod Kumar Singh and one other travelling in Motorcycle U.P. 62AF-0084 from Orisa, are carrying two bags containing Narcotics substance Ganja. A notice Ex.P/5 was served on the witnesses Dutia Ram (PW/9) and Sukhsai (PW/3), whereafter a memo of information was recorded vide Ex.P/6. Immediately information was dispatched to S.D.O. Police Patthalgaon vide Ex.P/26, giving information about proceeding to the spot of raid and vide Ex.P/27 the details of the information received. Motorcycle bearing registration No.U.P. 62AF-0084 was stopped in front of police station-Patthalgaon, in which appellants were found travelling. Notice under Sec. 50 Ex.P/7 and Ex.P/8 were served on the appellants informing about the search and their rights with respect to search, appellants submitted written consent vide Ex.P/12 and Ex.P/13 and requested to be searched by the Police Officers present on the spot vide Ex.P/9 and Ex.P/10. The members of raiding party were searched by the appellants Bindugiri and no objectionable substance was found in their possession. Thereafter search was made vide Ex.P/11 of person of appellant No.1 Bindugiri and no objectionable substance was found from his possession. On search by person of appellant No.2 Roshan Singh, currency of Rs.5,000.00, one mobile and motorcycle in his possession and the articles found were seized vide Ex.P/18. The bags in possession of appellant Bindugiri were searched, in which 11 polythene bags wwere found containing narcotic substance Ganja. The recovered item was identified vide memo Ex.P/16 and a seizure of this article along with one mobile and other bags was made vide Ex.P/17. The contents of the packets containing narcotic substance were weighed and it was found to be 11 kg, a panchnama (Ex.P/4) was recorded in this respect. The contents of the packets were taken out and mixed, from this material, two packets of 200gm. Each were separately prepared and sealed vide Ex.P/19. Spot map Ex.P/21 was prepared. The seized articles were brought to the police-station and deposited in the Malkhana. Entry in Malkhana register was made, copy of which is Ex.P/25(C). FIR (Ex.P/40) was lodged against the appellants under Sec. 20(b)(II)(B) of NDPS Act, 1985. Seized articles were sent for F.S.L. examination. Vide FSL report Ex.P/42, seized articles were found to be narcotics substance ganja on examination. On completion of investigation, appellants were charge- sheeted.

(3.) Appellant Bindugiri charged under Sec. 20(b)(II)(B) of NDPS Act, 1985 and appellant Roshan Singh was charged under Sec. 20(b)(II) (B) of NDPS Act, 1985 read with Sec. 29 of NDPS Act, 1985. On denial of charges, trial was conducted and impugned judgment was passed, in which appellants have been held guilty, convicted and sentenced, as mentioned above.