RAJENDRA SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 24.3.2011 passed by the Special Judge, (Narcotic Drugs and Psychotropic Substances Act, 1985), Dhamtari in Special Criminal Case No.5/10 holding the accused/appellant guilty under Section 20 (B) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentencing him to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to further undergo RI for 5 years.

(2.) Facts of the case, in brief, are that on 15.3.2010 at about 2.45 p.m. while on patrolling duty PW-6 P.K. Soni received a secret information that two persons are coming from the side of Orissa and going towards Raipur in a blue colour Maruit Car with narcotic substance. On receipt of the said information, the said car was intercepted by the police at Mohandi Kamarpara Main Road and accused/appellant was apprehended and another was managed to flee. The accused/appellant was informed that as per secret information received, the police had information about narcotic substance being carried by the person corresponding to his description. On inquiring his name, the accused informed that his name is Rajendra Singh. The accused was given a written memo in compliance of the provisions of Section 50 of the NDPS Act. PW-6 also informed the accused that as per the secret information he wants to search him and if he prefers that he should be searched in presence of a gazetted office or magistrate, he would make arrangement for the same but the accused did not opt for that and informed PW-6 that he may be searched by him.

(3.) In order to establish the guilt of accused/appellant, the prosecution has examined seven witnesses. Statement of accused/appellant was also recorded under Section 313 Cr.P.C. in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.