SHAILENDRA KUMAR JURRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE appeals have been directed against the judgment of conviction and order of sentence dated 4. 1. 2005 passed in Special Case No. 22/2004 by the Special Judge, Narcotic Drugs and psychotropic Substances Act, 1985 [for short ndps Act or the Act], Bastar at Jagdalpur, whereby, the said Court after holding the appellants guilty of offence punishable under Section 20 (b) (ii) (c) of the NDPS Act, sentenced them to undergo R. I. for 10 years and to pay a fine of Rs. 1,00,000 in default of payment of fine to further undergo R. I. for 5 years.

(2.) AT the very outset, Shri Gautam khetrapal, learned counsel for the appellants in Cr. A, No. 253/2005 submits that he is not pressing this appeal on behalf of appellants-Ishwar Kawde and Santosh kumar because earlier to this appeal, Cr. A. No. 165/2005 was filed on their behalf. In view of the above, Cr. A. No. 253/2005, so far as it relates to appellants No. 1 and 2 therein i. e. appellants-Ishwar Kawde and Santosh kumar is dismissed as not pressed. Now Cr a No. 253/2005 shall stand for appellant No. 3 only i. e. Brijlal.

(3.) THE brief facts are that in the intervening night of 5th-6th May, 2004, the Flying scot of forest department was checking various vehicles near forest barrier, Charama. At about 3. 45 a. m. a vehicle (Tata Sumo)bearing registration No. MP 63d 0008 came over there. The four appellants were the occupants of the vehicle. The vehicle was being driven by appellant Shailendr a Kumar jurri. When a search was made to the Dy. Ranger namely K. S. Thakur (PW3), Ganja in quantity of 24 kg. was found kept in vehicle. PW 3 K. S. Thakur prepared a talashi Panchanama (Ex P1) and he also prepared a seizure memo (Ex P. 9 ). The aforesaid search and seizure memos were prepared in presence of 2 Panch witnesses namely Sobharam and Roop Singh (PW1 and PW2 ). The accused persons were also arrested by the said Forest Officer and the exercise undertaken about search and seizure by the Dy. Ranger K. S. Thakur (PW3)was informed to the range Officer. L. K. Choudhary (PW8), who in turn wrote a memo dated 6. 5. 2004 to the SHO police station, Charama, which was received by sub-Inspector K. R. Karsaal (PW4) based on which a FIR vide Ex P. 14 was lodged by him. The Investigating Officer, K. R. Karsaal (PW4), prepared a seizure memo Ex P8 and on production of vehicle, Ganja in quantity of 24 kg and an index along with various documents showing the investigation conducted by the forest department, seized them from the possession of Ranger L. K. Choudhary (PW8 ). Thereafter Ganja was taken into custody of the police department and after its measurement and further after taking out samples, it was sealed and was kept in safe custody. The accused persons were arrested and an information to this effect was sent to higher authority. The samples were sent for chemical examination to Forensic Science Laboratory, Raipur on 11. 5. 2004, from where the report was received, according to which, the articles seized were Ganja. After completion of usual investigation as stated above, the charge-sheet was filed.