DHANIRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have assailed the legality and validity of the order dated 4.2.2017 passed by the Special Judge, NDPS and First ASJ, Baloda Bazar in Special Criminal Case No.5/2016 framing charges against the applicants for offence under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act').

(2.) The prosecution case is that on 3.11.2016 the concerned Police received information that Ganja is being transported through Hero Honda-Pro Motocycle from Pithora to Kasdol. The Police intercepted the vehicle and recovered 10 Kg Ganja from co- accused Bablu Sahu, who on interrogation informed the Police that he was taking Ganja for applicant Dhaniram Sahu. The police thereafter prepared a demo of 4 Kg Ganja on 4.11.2016 and took the said Bablu Sahu to the house of applicant Dhaniram Sahu. On reaching the house of Dhaniram Sahu, Bablu informed him that he has brought Ganja on which Dhaniram Sahu instructed Bablu to handover the same to Krishna Kumar and received Rs.15,000/- from Dhaniram Sahu. The Police thus recovered a bag containing 4 Kg Ganja from applicant No.2 Krishna Kumar and Rs.15,000/- from applicant No.1 Dhaniram Sahu and arrested them for the said offence.

(3.) It is argued that the bag from which 4 Kg Ganja said to have been recovered from applicant No.2 was in fact a demo bag containing some other material than Ganja because 10 Kg Ganja earlier recovered from Bablu remained in the Police Station. Therefore, there is no recovery of contraband from applicant No.2 and mere recovery of Rs.15,000/- from applicant No.1 would not amount to commission of offence under the said section.