BHOLARAM AND OTHERS Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 15.11.2010 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Act, Mahasamund in Special Criminal Case No. 5 of 2010, whereby and whereunder the appellants have been held guilty for commission of the offences and sentenced as described below: <FRM>JUDGEMENT_42_LAWS(CHH)6_2017_1.html</FRM>

(2.) The prosecution story revealed from the impugned judgment and the records of the case before us is that on 20.06.2010, an information was received at 6:30 am in the Police Station, Bagbahara from the secret informant that contraband Ganja is being transported from Odisha border to Jhalap in a vehicle of make Bolero, bearing registration No. CG-04-H-0538. Upon receipt of the said information, the same was recorded in the Rojnamchasanha of the police station, telephonic information was sent to the Sub Divisional Officer (Police) Mahasamund, witnesses namely Sikandar Siddique and Ashok Kumar were summoned by notice, information in writing was sent at 7:30 am to the SDO(P), Mahasamund at 7:30 am through Constable No. 162, vide Exhibit P-22 and thereafter with the accompanying staff, witnesses, weighing machine, Sub Inspector, Kumar Singh Usendi (PW-3) proceeded towards forest barrier where the vehicle was likely to be intercepted. Further case of the prosecution is that at the barrier, the said vehicle was found, intercepted and upon suspicion that the vehicle was carrying contraband Ganja, four accused including driver were informed of their rights to be searched by a gazetted officer or a Magistrate under Section 50 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and after obtaining their consent for being searched by the Sub Inspector (PW-3), in the presence of the witnesses, the vehicle and the persons were searched. It is the case of the prosecution that from the vehicle, a total quantity of 207 Kgs of Ganja kept in 16 bags was found. According to the case of the prosecution, weighment was done at the spot and a Panchnama was prepared in the presence of the witnesses. From each of the bags, samples were drawn. The samples, as well as the entire quantity of contraband was sealed. After completion of the proceedings of search and seizure at the spot, PW-3 had taken the accused appellants to the police station where formal FIR (Ex. P-23) was registered by him. The statements under Section 161 Cr.P.C., 1973 were recorded. Ganja was kept in the Malkhana of the Police Station and samples were sent to the FSL. Further case of the prosecution is that upon examination, the FSL confirmed presence of Ganja. Charge sheet was filed before the Special Judge on the basis of materials contained in the charge sheet. The appellants were charged of having committed an offence under Section 20(b)(ii)(c) of the Act. They abjured guilt and demanded trial. The appellants having abjured guilt, were subjected to trial.

(3.) In order to prove its case, the prosecution examined as many as 6 witnesses. The appellants were separately examined under Section 313 Cr.P.C., 1973 in respect of incriminating evidence and circumstances appearing against them led by the prosecution. The appellant denied having committed any offence and stated that they have been falsely implicated. No defence witness was examined. On the basis of oral an documentary evidence led by the prosecution, the learned Special Judge held the charges proved against the appellants of having been possessed of 207 Kgs of Ganja. It being more than 20 Kgs, thus commercial quantity, sentence of 12 years rigorous imprisonment with fine as described above has been imposed.