RANJIT PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is against the judgment of conviction and sentence dated 22.09.2009, passed by the learned Special Judge (The Narcotic Drugs and Psychotropic Substances Act, 1985), Bilaspur, in Special Criminal Case No.13/2009, whereby the appellant has been convicted under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act") and sentenced to undergo R.I. for 10 years and fine of Rs.1,00,000/-, in default of payment of fine amount, additional R.I. for 3 years.

(2.) As per the case of the prosecution on 25.06.2009 an information was received at Police Station - Seepat that at village Matiyari, the appellant - Ranjit Pandey has kept cannabis for sale in his house. On receipt of information, the same was recorded in Rojnamchasanha and also information was reduced in writing which was sent to the Deputy Superintendent of Police, Bilaspur. Subsequently, information was also sent and reduced in writing that in case, compliance of Section 42 (2) of N.D.P.S. Act is done by the time, the accused may flee away, as such, it was reduced in writing and thereafter, the raid was conducted. After reaching the spot, the notice was given to the appellant U/s. 50 of N.D.P.S. Act that he can get himself examined by any Magistrate or Gazetted Officer. Having giving consent by the accused that he is ready to get himself searched by the police officer, Panchanama was prepared and search was made. On search, no incriminating narcotics was found in person from the appellant.

(3.) During the course of trial, the appellants/accused abjured their guilt and claimed to be tried. The prosecution on their behalf examined Nivas Yadav as (P.W.-1) and Mohit Ram as (P.W.-2) who were the seizure witnesses. One Anil Kumar Gandharva was examined as (P.W.-3) who was the Kotwar, Chunni Lal as (P.W.-4) who was grossery shop owner who had sent the beam balance, Philip Kujur as (P.W.-5) who had carried the information to the SDOP Office at Bilaspur from Seepat, Ramji Lal Rathore as (P.W.-6) who received the information at SDOP Office, Vipin Patel as (P.W.-7) who was Constable at Police Station- Seepat who had deposited the sample packets of the cannabis for FSL at Raipur. Further Kiritram Jogi (P.W.-8) was examined who was the Head Constable at Police Station - Seepat and Santosh Kumar Yadav, A.S.I. as (P.W.-9), who was the Investigating Officer. The learned trial Court after examining the evidence on record convicted the accused/appellant, therefore, the instant appeal.