MONU @ AJAY KHATIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both appeals are preferred from a common judgment passed in Special Criminal Case No.33/2012 by Special Judge, NDPC Act,1985 Raipur on 4/9/2013 in which both the appellants have been convicted under Sec. 20(b)(ii)(B) of NDPS Act, 1985 (for short 'the Act') and sentenced to undergo RI for 5 years, along with fine of Rs.5,000.00.

(2.) ASI, Love Kanwar (PW-7) posted in PS-Payalikhand (Judad), received information on 7/9/2012 from an informer, that two persons by name-Udham Singh and Monu @ Ajay Khatik resident of Vidisha, are carrying Ganja and travelling in a bus no.C.G. 04/E-2544. After recording Panchanama and sending information to SDO Police, Mainpur, Love Kanwar(PW-7) proceeded towards the main road of Village-Jugad, on arrival of bus No.C.G. 04/E-2544 at about 7 a.m. in the morning it was stopped, in which appellants of both the cases were found travelling and having in their possession three bags. Appellants along with their bags were apprehended and a notice under Sec. 50 of NDPS Act (ExP/2) was given to them. Appellants consented to be searched by the Police Officer present vide ExP/3. The members of raid party and the witnesses were searched vide EX-4 and Ex.P/5, in which no objectionable substance was found in possession of them. Vide Ex-P/6 and Ex.P/7 bags in possession of appellants in both the cases were searched, in which the packets of narcotic substance looking like Ganja was recovered. A recovery memo ExP/8 was recorded separately in presence of appellants and witnesses, the contents of packets were identified vide Ex.P/9 to be narcotic substance Ganja. The contents of packets were taken out and mixed vide memo ExP/10 and Ex.P/11. A weighment punchmama was carried out of the articles recovered from both the appellants separately vide Ex.P/13 and Ex.P/14. 19.200kg Ganja was found in possession of appellant Udham Singh and 17.200kg Ganja was found in possession of appellant Monu @ Ajay Khatik. Appellant in both the cases were searched further vide memo No.Ex-P15. Narcotics substance recovered from each appellant, was packed and sealed vide Ex.P-16. Articles was seized vide seizure memo ExP-17 from the appellant Udham Singh and articles were seized vide seizure memo Ex.P-18 from appellant Monu @ Ajay Khatik. Other articles found in search were seized from the appellant Udham Singh vide ExP-19. Other articles found in search of appellant Monu @ Ajay Khatik were seized vide Ex-P/20. Spot map was prepared by Investigating Officer and on request of the investigating Officer, it was prepared vide Ex.P- 24 by Revenue Officer. Seized articles were sent for FSL examination. Vide FSL report Ex.P/25 it was confirmed that the articles seized from both the appellants was narcotic substance Ganja. Dehati Nalishi (Ex.P-35) was recorded on the spot and on its basis numbered FIR Ex.P/36 was recorded in police-station Payalikhand (Jugad) Distt.- Gariyaband.

(3.) On completion of investigation both the appellants were charge-sheeted. Special Court charged the appellants under Sec. 20(b)(ii) (B) the NDPS Act, to which both denied. After conducting the trial impugned judgment was passed in which the appellants have been convicted and sentenced, as mentioned above.