SAHASRAM CHOUDHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Being aggrieved with the judgment of conviction and order of sentence dated 22-9-2007, passed by the Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985, Bilaspur, in Special Criminal Case No. 14 of 2007, whereby the accused/appellant has been convicted under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, "the Act, 1985") and is sentenced to undergo R.I for ten years and to pay fine of Rs.1,00,000/-, in default of payment of fine, to further undergo RI for one year, the appellant has preferred the appeal under Section 374 (2) of the Code of Criminal Procedure.

(2.) As per prosecution case, on 10-5-2007 at about 4.40 pm Station House Officer, Police Station -Pendra received a secret information over telephone that at village Majhgava, the appellant had kept cannabis in his house for sale, thereafter Mukhbir Panchnama (Ex.P/2) was prepared under Section 42 (2) of the Act, 1985, entry thereof was made in Rojnamcha Sahna vide Ex.P1/C and information was sent to Additional Superintendent of Police Gourela through Constable vide Ex.P/7. Subsequent to that, Police party proceeded towards the village Majhgava and after reaching there, notice under Section 160 of Cr.P.C., (Ex.P/6) was served to Panch witnesses namely Jaikaran and Padmesh Singh and subsequently, memorandum (Ex. P/8) was prepared that the permission for search and seizure could not be obtained under Section 42(2) of the Act of 1985 and original was sent to Additional Superintendent of Police and thereafter notice under Section 50 of the Act, 1985 vide Ex.P/9 was served to the accused and consent was obtained to search the house vide Ex.P/10. After obtaining permission, the raid was conducted and from the godown of the appellant, 12 packets of cannabis were recovered vide Ex.P/15. After seizure of articles, the cannabis were physically examined vide Ex.P/16 and weighment of the cannabis were made vide Ex.P/18, which was found to be 98.750 K.G. and thereafter 100 -100 grams of cannabis were taken out as sample from the seized packets of cannabis vide Ex.P/19. Total 12 packets of samples of cannabis were made, sealed and seized vide Ex.P/20. In respect of house, the electricity bill and documents were also seized vide Ex.Art/A. Thereafter the first information report was registered against the appellant under Section 20(b)(ii)(c) read with Section 8 (c) of the Act, 1985 vide Ex.P/24. The sealed packets containing cannabis were kept in Malkaha vide Ex.P/25 and seized cannabis were sent for chemical examination to Forensic Science Laboratory (FSL), Raipur vide Ex.P/30 and a report thereof was received vide Ex.P/32. According to FSL report, the seized cannabis which were sent for chemical examination were found to be positive that of Cannabis.

(3.) After completion of investigation, charge-sheet was filed. During the course of trial, the appellant claimed to be tried and denied the offence.