DINESH MEHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 10/9/2014 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') in Special Criminal Case No.387/2014 whereby and whereunder the learned Special Judge after holding the appellant guilty for illicit possession of 12 kg contraband article Ganja, convicted him under Sec. 20(b)(ii)(B) of the Act and sentenced to undergo rigorous imprisonment for six years and to pay fine of Rs.24,000.00, in default of payment of fine, to further undergo RI for two years with direction that the period of custody during trial shall be set off under Sec. 428 of the Code of Criminal Procedure, 1973 (for short 'the Code').

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned, thereby committed illegality.

(3.) As per the case of the prosecution, on 24/3/2014, Station House Officer of GRP Raipur, Shankar Chandrakar (PW-9) received information from informant regarding carrying of illicit substance ganja by two people. He immediately called the panch witnesses. After notice (Ex-P/2) prepared information panchnama (Ex-P/3) and also prepared search without warrant panchnama (Ex-P/4) to conduct search without search warrant and sent a copy of the above document to his superior officials. Thereafter he reached to the spot, noticed the present appellant/accused standing, he gave him notice under Sec. 50 of the Act and informed his legal rights that he may be searched before any gazetted officer or Magistrate. The accused/appellant after notice, consented to be searched by the investigating officer himself. Thereafter bag of the accused/appellant was searched wherein objectionable substances were found. On physical examination the same was confirmed as Ganja. After taking weight of the said ganja it was found as 12 kg. The IO duly prepared sample packet and seized the remaining ganja and also seized one ticket. He arrested the accused/appellant, informed regarding the arrest of the accused and thereafter deposited the said ganja and samples for safe custody in malkhana. The samples were duly sent for chemical analysis to Forensic Science Laboratory, Raipur. The FSL confirmed the presence of Ganja in the samples.