RAMLAL KATANGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 3.8.2001 passed in Special Case No.58 of 2000 by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act of 1985'), Bastar at Jagdalpur convicting and sentencing each of the accused/Appellants as under: <FRM>JUDGEMENT_14_LAWS(CHH)12_2017_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 2.11.2000, Assistant Sub-Inspector Shyamlal Thakur (PW1) stopped and checked Taxi No.MP 23 G 2211 in Bus Stand Antagarh. He found that all the present three Appellants were sitting in the taxi. 4 bags were also kept in the taxi. He called panch witnesses Sunil (PW2) and Laxman (PW3). He gave a notice (Ex.P1) to the Appellants under Section 50 of the Act of 1985 for their search. Vide Ex.P1 itself, the Appellants consented to be searched by the Assistant SubInspector himself. On making search of the bags kept in the taxi, total 30 Kgs. Ganja was found therein. Search panchnama (Ex.P2) was prepared. Two sample packets each of 50 Grams were prepared from the recovered Ganja and sealed. Identification of the recovered article was done vide Ex.P3. The recovered Ganja was weighed and its panchnama was prepared vide Ex.P6. Assistant Sub-Inspector Shyamlal Thakur forwarded the intimation of seizure of Ganja to the superior officer vide Ex.P14. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Section 20(b) of the Act of 1985. Charge was framed against them under Section 20(b) of the Act of 1985.

(3.) In support of its case, the prosecution examined as many as 5 witnesses. Statements of the Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the circumstances appearing against them, pleaded innocence and false implication.