SARASWATI @ SHOUKI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 04-04-2016 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act'), Bilaspur, in Special Criminal Case No.349/2015 whereby & whereunder the learned Special Judge after holding the appellant guilty for illegal possession of 4 kg. contraband article ganja, convicted her 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.15,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 4 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 01-10-2015, ASI, In-charge, Outpost Pendra Road, G.R.P., Bilaspur, Investigating Officer L.N.Pradhan (PW-8) received information from informant that at platform No.3 one suspect is in illicit possession of ganja. The Investigating Officer duly recorded this information. Panch witnesses were summoned. He had also prepared mukhbir suchna panchnama Ex.-P/1 and search without warrant panchnama Ex.-P/2 and thereafter, informed the superior police official for the act. Thereafter, along with panch witnesses, police party and necessary material he reached to the spot. He saw the accused/appellant and gave her a notice under Section 50 of the NDPS Act, Ex.-P/8. Thereafter, he informed her legal right that she may be searched before Magistrate or a Gazetted Officer or if she wishes the search can be conducted by the said Investigating Officer. The accused/appellant vide consent memo, Ex.-P/9 consented to be searched by the Investigating Officer. Thereafter, he searched the accused/appellant who was having one bag; inside the bag, one packet of some objectionable substance was noticed which was identified as ganja on physical examination. He also prepared physical examination panchnama, Ex.-P/13. Thereafter, he had taken the weight of the said ganja, which was 4 kg. He also took two samples of 50-50 grams; remaining ganja and the samples were duly seized and sealed along with bag. Statement of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short 'the Code') He also prepared spot map, Ex.-P/21, and wrote unumbered First Information Report. Thereafter, at police outpost the First Information Report was duly registered. The accused/appellant was arrested. Sample and the remaining ganja were kept in safe custody in Malkhana. The report of arrest and seizure as required under Section 57 of the NDPS Act was sent to his immediate official superior. Thereafter, samples were sent for chemical analysis to Forensic Science Laboratory, Raipur. On chemical analysis, the Forensic Science Laboratory found the said sample as ganja. After completion of the investigation, charge sheet was filed before the Special Judge. Learned trial Court framed the charges. The accused/appellant denied the charges.