VIJAY ALIAS VIKKI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment passed by First Additional Sessions Judge (Special Court), Raigarh (C.G.), in Special Case No. 11/2011 passed on 22/11/2014, whereby both the appellants were convicted under Section 20 (b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act') and have been sentenced with RI of 10 years along with fine of Rs. 1 Lakh each with default stipulation.

(2.) The case of the prosecution is this, that Sub Inspector Manjeet Singh Kaushal (PW-8) was posted as SHO in Police Station, Sariya. On 24/07/2011 he received one information, that illegal narcotics substance ganja is being transported in a Maruti Car via Chandrapur. He immediately summoned the witness vide Ex.P/1 and Ex.P/28 and in their presence panchnama Ex.P/2 was prepared. He dispatched one information to Sub Divisional Officer (Police) Sarangarh vide Ex.P/25 and proceeded to the spot village Panchdhar, Chandrapur. One car bearing Registration No. C.G.15 ZD 0990 was stopped, which was occupied by the appellants. One notice under Section 50 of NDPS Act was served vide Ex.P/3 to both the appellants, informing them about their right to be searched in presence of a Gazetted Officer or a Magistrate. The appellants gave consent to be searched by the officer present, which was recorded on Ex.P/3 and signed by both the appellants. Appellants were given an opportunity to search the members of the raiding party and the search conducted vide Ex.P/4 was without any result.

(3.) On search of Car No. CG 15 ZD 0990, four gunny bags containing narcotics substances were recovered. Search memo was recorded vide Ex.P/5, the contents of the gunny bags were identified as ganja vide Ex.P/6. For weighing procedure balance and weight were procured and panchnama about the correctness of balance and weight was recorded vide Ex.P/7. With the help of this balance and weight the recovered article in four gunny bags containing ganja were weighed accordingly and found that each of them to be having 10 kg. of ganja, which were marked as A1, A2 and B1, B2. From each of the gunny bags 100 grams of ganja was taken out for sampling and rest of the contents of the bags were sealed. A panchnama was recorded vide Ex.P/8. Two sample packets of ganja were prepared, sealed and were seized from the possession of appellant No. 2. Similarly two sample packets of ganja were prepared and seized from the possession of appellant No. 1 vide Ex.P/10. Panchnama of seal used for sealing was separately prepared vide Ex.P/11. Entries were recorded in the station house diary vide Ex.P/20C to Ex.P/24C. FIR Ex.P/34 was recorded and seized articles bags and samples of ganja were deposited in malkhana vide Ex.P/18C and Ex.P/19C. Sample packets of ganja were sent for FSL examination. The FSL report Ex.P/36 confirmed that the contents of the sample packets was narcotics substances ganja. After completion of investigation, both the appellants were charge-sheeted.