PRITAM PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 30-4-2015 passed by the Special Judge (Narcotic Drugs and Psychotropic Substances Act [in short 'NDPS Act']) Jagdalpur (CG) in Special Case no. 02/2014 whereby and whereunder learned Special Judge after holding the accused guilty for illegally possessing 16 Kg. of Ganja convicted him under Section 20(b)(ii)(B) of the NDPS Act and sentenced him to undergo RI for 5 years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo additional RI for 5 months.

(2.) The conviction is impugned on the ground that without there being any iota of evidence, the Court below has convicted and sentenced the Appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on 29.03.2014, at about 9.30 am, Shri Durgesh Kumar Sharma (PW-12) working as Sub Inspector at Police Station Darbha District Bastar, received an information from the informant regarding transportation of illegal substance 'Ganja' by few persons and that they are travelling in a bus. The information of the informant was duly recorded by him in the Roznamchasana and thereafter, the Investigating Officer (for brevity "the IO"), (PW-12) alongwith other police staffs and the Panch witnesses reached to the spot and in the said bus, gave him notice and he further informed the Appellant regarding his legal rights and that if he wishes, the search may be conducted in presence of Magistrate/Gazetted Officer or by the IO himself. The Appellant consented to be searched by the IO himself. Thereafter, PW-12, Durgesh Kumar Sharma made the search in presence of the witnesses and the police personnel.