KAMAL NARAYAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Appeal has been preferred assailing the judgment of conviction of dated 23.03.2012 passed in Special N.D.P.S. Case N 03/2010 by the Special Judge (N.D.P.S. Act 1985), Bastar Place Jagdalpur, District Bastar (Chhattisgarh). Vide the said impugned order the Court below after conclusion of the trial has convicted the Appellant under Section 20(B) (2-C) of the Narcotic Drugs and Psychotropic Substance Act,1985 (in short 'the NDPS Act') and sentenced to undergo R.I. for 10 years with fine of Rs. 1,00,000/- and also with default stipulations.

(2.) The case in brief is that the Police Station, Kondagaon received a secret information in respect of illegal transportation of huge quantity of illegal Ganja in a bolero jeep coming from Orissa bearing Registration No. OR-10-D/7741. Based upon the said secret information after necessary compliance as is mandatory under the provisions of the NDPS Act a team was constituted for searching the said vehicle as per the secret information. Accordingly the team of police officials and their police staff waited at the Forest Naka, Raipur Road. After some time the said vehicle bearing Registration No. OR-10-D/7741 reached at the Forest Naka. When the police staff tried to stop the said vehicle the driver of the offending vehicle did not stop the vehicle and tried to run away from the place. However, the police staff chased the said vehicle and stopped the vehicle at village Chargaon. During the course of search it was found that the accused was carrying about 165.50 Kg of Ganja in the said vehicle. On the basis of the said recovery crime No. 146/2009 was registered for an offence under Section 20(B) (2-C) of the NDPS Act and the Appellant was arrested on 11.06.2009. Subsequently, the matter was put to trial before the Special Judge, the N.D.P.S. Act, Bastar place Jagdalpur.

(3.) During the Course of the trial the prosecution examined as many as 7 witness and there was no witness examined on behalf of the defence. After, conclusion of the trial the Court below found the Appellant to be guilty of the offence under Section 20(B) (2-C) of the NDPS Act and sentenced him for the period as mentioned in the first paragraph of the present judgment. It is this judgment of conviction which is under challenge in the present appeal.