SUNIL KUMAR BHOOMIHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment dtd. 6/2/2009, delivered by the Special Judge, NDPS, Raipur in Special Criminal Case No. 3 of 2008 whereby he convicted the accused of having committed an offence punishable under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000.00 and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) The undisputed facts are that the Officer-In-Charge of Devbhogh Police Station received a secret information on 27/1/2008 at about 9:30 hours that some persons travelling in a bus belonging to New Bus Services who appeared to be outsiders, have kept Jholas and bags inside the bus. On this information being received, the same was given to a Police Squad which went on a motor-cycle to stop the bus. The police officials followed the said the bus and near Kadlimuda turn, they checked the bus and one suspected character was found travelling in the bus. The driver of the bus was asked to turn back and the bus was brought to Devbhog police station. At that stage, in the presence of the witnesses, the bus was checked and on asking the suspicious person, he told that his name was Sunil Kumar Bhoomihar, son of Kamlesh Bhoomihar resident of Rahimpur, Police Station Khagadia, District Khagadia Bihar. Near the seat on which he was sitting, two black bags were found and two Jholas were also kept. On being asked, this person stated that he was carrying Ganja in all these bags. Thereafter, the bags were seized and on checking some green coloured substance was found inside the bags, which was suspected to be Ganja. It was checked and prima facie appeared to be Ganja. The same was weighed in the shop of Bhimsen Agrawal and the total quantity of Ganja was about 29 Kg 600 grams. From each bag, sample of 25-25 grams was taken. The samples were sealed separately and the bags were sealed separately. Thereafter, information was given to the Sub Divisional Officer (Police) Gariyaband, and then the bags and the accused were taken to Police Station, Devbhog where the sealed items were kept safely. Thereafter, all these samples were sent to Forensic Science Laboratory, which opined that the samples were of Ganja and accordingly, the accused was charged with having committed the aforesaid offence.

(3.) The main ground raised by Shri P.P.Sahu, learned counsel for the Appellant is that the prosecution has miserably failed to prove its case. In this behalf, he has made reference to the statement of Hari Nirmalkar (PW-1). He states that there were 2 Jholas and 2 bags. The bus was stopped at Kadlimuda which is about 6 KMs away from Devbhog and then the bus was brought back to the police station. This witness was Conductor of the bus and he is a very important witness. He does not say where the bags were kept. He does not say where the accused was sitting. Except saying that the bags were recovered, he has not said a word more. The statement of this witness does not show that the bags belonged to the accused or that the accused had acknowledged that those bags belonged to him. In cross-examination, this witness admits that there were large number of passengers travelling in the bus and he does not know to whom the bags belonged.