ANIL VISHWAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 18-02-2015 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), Bilaspur, in Specia NDPS Case No.388/2014 whereby & whereunder the learned Special Judge after holding the appellant guilty for illegal possession of 6 kg. ganja (canabis), convicted him under Section 20(b)(ii)(B) of the NDPS Act and sentenced the appellant to undergo rigorous imprisonment for 5 years and to pay fine of Rs.5000/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months.

(2.) The conviction is impugned on the ground that without their being any iota of evidence, the trial Court has convicted and sentenced the appellant as aforesaid mentioned and thereby committed illegality.

(3.) As per case of prosecution, on 15-09-2014, SHO, G.R.P. Bilaspur and Investigating Officer S.L.Navratna (PW-8) received information from informant that at remote end of platform No.7 and 8 towards Katani a suspect having ganja in air bag looking for train to proceed. The said information was registered by the Investigating Officer in rojnamcha sanha. Panch witnesses were summoned and thereafter, the Investigating Officer along with police staff and panch witnessesd came to the spot and saw the suspect, i.e., the accused/appellant. He gave his introduction and also served him with notice under Section 50 of the NDPS Act (Ex.-P/13) and also informed him regarding his legal right to be searched before Executive Magistrate or a Gazetted Officer or if he wishes the search can be conducted by the said I.O. The accused/appellant consented to be searched by the Investigating Officer by letter of consent (Ex.-P/14). Thereafter, the Investigating Officer duly searched the accused/appellant who was having an air bag in his exclusive possession. In the said air bag some objectionable substance was noticed which was found ganja in physical examination. Thereafter, the Investigating Officer duly seized, took sample from the said ganja and sealed the material. After taking weight, the ganja was found 6 kg. Thereafter, at police station, he registered the First Information Report against the accused/appellant. The accused/appellant was duly arrested vide arrest memo Ex.-P/24. He also recorded the statement of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (in short 'the Code') and prepared the map. The samples were sent for chemical analysis to Forensic Science Laboratory, Raipur who in turn gave his analysis report and confirmed the prsence of ganja in the said samples as Ex.-P/40. After completion of the investigation, charge sheet was filed before the Special Court wherein the charge was framed and the trial was conducted.