MUKESH KUMAR RAWTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by Special Court (under NDPS Act), Jagdalpur in Special Case No.06/2008 on 18/2/2014, whereby appellant was convicted under Sec. 20(B)(II)(C) of the NDPS Act, 1985 and sentenced to undergo R.I. for a period of 10 years with a fine of Rs.1.00 lac along with default stipulation.

(2.) The case of prosecution is this, that on 14/1/8, S.I. Yakoob Meman(PW/6) received information from an informer at about 6:00 a.m. in the morning telephonically that narcotic substance ganja is being transported in an unnumbered Silver coloured Tata Indica Car from Orissa to Raipur via Jagdalpur. He immediately recorded information Panchnama and sent information to his superior Officer, C.S.P. Jagdalpur by memo Ex.P/4. Further one Panchnama was recorded about reasons for proceeding immediately to apprehend and search the unknown culprits on N.H.43 village-Dhanpunji. One unnumbered Indica car was stopped on the spot in which appellant was the occupant, he was served with a notice Ex.P/11 under Sec. 50 of the NDPS Act. Appellant gave written consent for being searched by the officer present. Appellant was offered an opportunity to search member of search party which he availed of vide Panchnama Ex.P/12. Car in possession of the appellant was searched vide Ex.P/13. On search 12 gunny bags were found in the boot of the car, each filled with narcotic substance ganja, a recovery memo Ex.P/14 was recorded separately, identification of the recovered substance as narcotic substance ganja was done vide Ex.P/15. Contents of all gunny bags were mixed to make homogeneous mixture, out of which 24 sample packets were prepared for each gunny bags. Each packets of 25gm, vide memo Ex.P/16 and Ex.P/17. The sample packets and the remainder were sealed, a memorandum of Panchnama was separately recorded vide Ex.P/18, 12 gunny bags containing narcotic substance ganja and 24 sample packets were seized vide seizure memo Ex.P/19. Papers of the car used for transport of ganja were seized Ex.P/20. A weighing procedure was carried on vide Ex.P/1 and Ex.P/2 according to which the total contents of narcotic substance ganja in 12 gunny bags was 154kg. One unnumbered FIR Ex.P/31 was recorded on the spot. On the basis of which, numbered FIR Ex.P/33 was recorded in P.S.-Nagarnar, registering offence under Sec. 20(B)(II)(C) of the NDPS Act, 1985. Each step of the proceedings were recorded in the station house diary vide Ex.P/24, Ex.P/25, Ex.P/26, Ex.P/27 Ex.P/28, Ex.P/32 and Ex.P/38. Spot map was prepared vide Ex.P/30. Sample packets of narcotics substance was sent for FSL examination report Ex.P/37 was received from FSL Raipur, according to which the contents of all the sample packets were narcotic substance ganja. On completion of investigation, appellant was charge-sheeted.

(3.) Appellant was charged under Sec. 20(B)(II)(C) of the NDPS Act, 1985 to which he denied and demanded for trial. In trial, prosecution examined 7 witnesses. On examination under Sec. 313 of Cr.P.C., appellant denied each and every circumstances in prosecution evidence against him. He pleaded innocence and false implication, no witness was examined by the defence and the impugned judgment was passed in which appellant has been convicted and sentenced, as mentioned above.