BHAGWAN KHEMANDU Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 14/12/2012 passed by the Special Judge, Bilaspur (under Narcotic Drugs and Psychotropic Substances Act, 1985) in Special case No. 31/2011 whereby and whereunder learned trial Court after holding the appellant guilty for illicit possession of 12 Kg. of Ganga convicted the appellant under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brevity the NDPS Act) and sentenced him to undergo RI for 6 years and also to pay a fine of Rs.6,000.00 and in default of payment of fine to further undergo additional RI for 3 months.

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

(3.) As per the case of the prosecution, on 10/7/2011, SHO GRP, Bilaspur K.C. Day (P.W. 10) received an information from the informant that three persons aged about 20 to 40 years keeping Ganja are looking for train to proceed to Katni at the platform No. 6 and 7. On receiving such information, he prepared the informant panchnama Ex. P-3. After service of notice to Panch witnesses vide Ex. P-1 he prepared search Panchnama vide Ex. P-4 and thereafter made search entry in the Rojnamcha Sanha vide Ex. P-13-C. The concerned SHO along with P.W. 9 R.N. Manhare, sub-inspector and other police officoals reached to the spot along with necessary kit required for investigation. As directed, P.W. 9 after his introduction gave notice to the appellant under Sec. 50 of the NDPS Act vide Ex. P-8 as the appellant was noticed in a suspicious condition and having a bag with. The appellant consented to be searched by P.W. 9 R.N. Manhare vide consent letter Ex. P-5. The appellant was informed that if he wish he may be searched before the Magistrate or gazetted officer. Thereafter the accused made search of P.W. 9 R.N. Manhare, the staff and witnesses thereafter search panchnama Ex. P-9 was prepared. When they took search of the bag kept by the appellant, they noticed some objectionable substance. On physical examination same was found as Ganja thereafter they prepared two samples out of it. They also weighed the said Ganja which was found 12 kg. Said Ganja was seized. The samples were also seized after sealing the same vide Ex. P-11. Thereafter the appellant and the contraband article was taken to the concerned police station where the IO P.W. 9 R.N. Manhare duly recorded FIR Ex. P-17, kept Ganja and samples in the Malkhana vide Ex. P-6. Thereafter the higher official were informed about the entire proceedings vide Ex. P-18. Said samples were sent for FSL vide memo of Superintendent of Police Ex. P-19. Later the report was received vide Ex. P-20 confirming the presence of Ganja in the said samples. Statements of the witnesses under Sec. 161 of the Cr.P.C. were recorded. After completion of the investigation, charge sheet was filed before the concerned Special Judge who in turn framed the charges against the appellant under Sec. 20(b)(ii)(B) of the NDPS Act. The accused denied the charges.