SUBHASH KUMAR THAKUR @ SHIBU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is against the judgment of conviction and sentence dated 31.01.2012 passed by the learned Special Judge, N.D.P.S., Dhamtari, in Special Case No.04/2011, whereby the appellants have been convicted under Section 20(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the NDPS Act") and have been sentenced to undergo R.I. for 10 years and fine of Rs. 1,00,000/-, in absence of payment of fine amount, 3 years additional R.I. has been ordered for.

(2.) As per the prosecution case, an information was received on 27.11.2010 that certain persons were traveling by Indica Car bearing No.C.G.04 3742 were coming towards Dhamtari with Cannabis. Therefore, the information was recorded in the Panchnama by Ex.P-19 and the police alongwith staff in order to seize the contraband waited near village Banroud, near a place of Kumhadain temple. At about 1:30 (p.m.) O'clock, a Tata Indica Car bearing No.C.G. 04 3742 was coming wherein three persons were found to be traveling and on having asked the name, they disclosed their name as Balram Pradhan, Hiranya Das & Subhash Kumar. It was further confronted that information was received by the police that they are carrying Cannabis in their vehicle, it was denied by the accused. Subsequently, one Balram Pradhan was given notice under Section 50 of NDPS Act and after obtaining the consent, the Car was searched. On search of the Car, 21 polythene bags were found, which on physical verification found to be containing Cannabis. Therefore, Panchnama was prepared by Ex. P-11. Before such search was made, the police team were also searched by the accused Balram Pradhan itself but nothing was found; however, when Balram Pradhan was searched, from his possession, a mobile and Rs. 5000/- was found and from Hiranya Das a mobile and Rs.2500/- was found and from Subhash Kumar a mobile and Rs.70/ was found. Having prima facie found that the seized articles were Cannabis, the same was taken for weighment to village Banroud and the weighment was carried out and after physical verification of the weighing scale and on having weight, the goods were found to be of 175.700 Kg, thereafter, the Panchnama was prepared as Ex.P-13. Thereafter, the seizure memo was prepared that the Cannabis were seized in Car by Ex.P-15 so the appellants were arrested. Thereafter, the Cannabis were deposited in the Malkhana and before it from each packet, 50 grams of sample were taken out and were separately sealed. Subsequently, the samples were sent through the Superintendent of Police, Dhamtari to FSL Raipur. The FSL by its report Ex.P-36 found it to be Cannabis. One of the accused Hiranya Das was found to be minor and, as such, the case was filed before the Juvenile Justice Board whereas against the present applicant, charge sheet was filed after entire investigation on 20.05.2011. The charges were framed under Section 20(ii)(c) of NDPS Act as prima facie the Cannabis were found to be of commercial quantity.

(3.) During the course of trial, the appellants/accused abjured their guilt and claimed to be tried. The prosecution has examined Kartik Ram Yadav, the seizure witness as PW-1; Ishwar Thakur, Constable who carried the Cannabis to the FSL from the Police Station as PW-2; Sudama Prasad, Head Constable, as PW-3; Arakh Ram Sahu, who weight the goods, as PW-4; Mal Moharrir of Police Station Arjuni, Dinu Markande as PW-5; I.O. Suresh Kumar as PW-7; Owner of the Indica Car Shivshankar Mahapatra as PW-8; Reader of Dy. Superintendent of Police, Kumbhkaran Netam as PW-9 and Sub-Inspector G. Sinha as PW-10. The learned trial Court after evaluating the facts and evidence on record convicted the accused/ appellants, therefore, the instant appeal.