NARAYANLAL CHARMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 17.10.2001 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the NDPS Act, 1985'), Raipur, District Raipur in Special Criminal Case No. 96/1999, wherein the trial Court convicting the accused/appellant under Section 18/8 of the Act, 1985 and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) As per the prosecution case, upon an information in relation to commission of crime, Sub Inspector Rajesh Tiwari (PW-8) left for Shankarnagar area, after making relevant entries in Rojnamcha Sanha No. 605(Ex.P-18). Thereafter, he went to bus stand of Raipur, where he received information that some persons are sitting at a particular place holding air-bags, in which, there is suspicion of keeping narcotic material. They were located and after compliance of due provisions of N.D.P.S. Act, when the air-bag of the appellant was searched, it was found that opium in quantity of 3 Kg 200 grams was there. Seizure memo of the said article was prepared. Sample of the seized articles were also taken and packet of the samples as well as remaining articles both were sealed. The appellant was taken into custody and was brought to police station. Seized material was deposited in Malkhana of Police Station, Raipur and thereafter it was sent for chemical examination to Forensic Science Laboratory, Raipur through memo of Superintendent of Police and as per report of laboratory the test was positive containing 4.5% marphine. All legal formalities were performed by the Police Officers, the matter was investigated and the charge sheet was filed against the accused/appellant in the Court of Special Judge NDPS Act, 1985, wherein the Special Judge NDPS Act framed charges under Section 18 read with Section 8 of the NDPS Act, 1985, to which the appellant did not plead guilty. The Special Judge, NDPS Act, 1985 conducted the trial and after completion of evidence of the prosecution side, statement of the appellant under Section 313 of the Cr.P.C., was recorded and after completion of trial, the Special Judge considering the material available on record by the impugned judgement convicted and sentenced the accused/appellant as mentioned above.

(3.) Learned counsel appearing for the accused/appellant submits that the Panch witnesses namely Syed Sadil Ali (PW-5) and Awadesh Mishra (PW-6) have not supported the version of Police Officer Rajesh Tiwari (PW-7) and they turned hostile, therefore, the version of Police Officer is not reliable. She further submits that there is violation of Sections 50, 55 and 57 of the NDPS and the judgment of trial Court is not sustainable and the seized articles was not kept in safe custody in Malkhana of Police Station under impression of seal and it is doubtful whether the same articles which is seized is sent for chemical examination.