POONAM KOCHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 2nd May, 2006 passed by learned Special Judge under N.D.P.S. Act, Bastar at Jagdalpur in Sessions Trial No.44/05 whereby the appellants have been convicted under Section 20 (b) (ii) (c) of the Norcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and each of them has been sentenced to undergo R.I. for 10 year and to pay a fine of Rs. 1,00,000/ - in default of payment of fine to undergo additional R.I. for 03 years. Case of the prosecution, in brief, is that on 26.08.2005 Deputy Ranger Mr. R.K. Netam, was in the night patrolling duty in the Forest Range, Sarona, Ranker. At about 6.00 a.m. he received information that illegal forest produce is being transported by a white Maruti Van bearing registration number CG07/5857. He recorded the information in the presence of witnesses vide Ex. P-4 Around 6.00 a.m. they saw a white Maruti Van and tried to stop it near barrier, however, the vehicle did not stop. They chased the Maruti Van by government vehicle and stopped it near Bhanupratapdeo College, Ranker, After obtaining their consent, he conducted personal search of both the appellants but he did not find anything incriminating from them. Thereafter, he searched the vehicle and recovered cannabis kept in a bag and three packets. After preparing search memo of Ex. P-6, the contraband was seized from them vide seizure memo of Ex.P-8 Contraband was also weighed by him and weighment memo of Ex.P-10 was prepared. After completing investigation, Mr. R.K. Netam (PW-4) sent both the accused persons and cannabis with the vehicle to police Station Ranker through memo of Exp.-24. Investigating Officer namely Ms. Pramila Mandawi (PW-7) after receiving the seized contraband and accused persons in the police station drawn a sample, prepared homogenous mixture of cannabis is and sample and again measured the cannabis vide Ex. P-2 On weighment, cannabis recovered from the appellants was found 25.5 kg. Two samples of 50 gm each were drawn from the seized contraband. Maruti Van used in the offence was also taken into possession on being produced by Deputy Ranger Mr. R.R. Netam. Offence was registered in the Police Station Ranker vide Ex.P-29. Accused persons were arrested vide arrest memo of Ex.P-14. Inforamtion about the arrest was forwarded to the town Inspector of City Kotwali, Rajnandgaon. Seized articles were handed over to Maalkhana Moharrir vide Ex. P-32 for safe custody. Samples were sent for chemical analysis to the Forensic Science Laboratory, Raipur vide Ex.P-33 and the report of FSL is Ex.P-35. Information about the offence was forwarded to the Superior Officer vide Ex. P-36.

(2.) AFTER completing investigation, charge Sheet was filed against the appellants in the Court of Special Judge, Jagdalpur. During trial, the prosecution in order to establish the charge against the appellants examined 07 witnesses in all and thereafter the statement of appellants were recorded under Section 313 of the Cr. P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication. However, learned Special Judge, after hearing learned counsel for the respective parties, convicted and sentenced the appellants as mentioned in para-1 of this judgment.

(3.) ON other hand, learned counsel for the state has supported the impugned judgment. It is not in dispute that deputy ranger namely Mr. R.K. Netan (pw-4) while on night patrolling duty received a communication that illegal forest produce is being transported by maruti van. He tried to stop the van, however, the vehicle did not stop and thereafter he chased it and made a chance recovery of 25.5 kg of cannabis contained in four packets from the custody of the appellants. Whole investigation under the Act was conducted on the spot by said Mr. R.K. Netam including search and seizure of the contraband as also Maruti van. After effecting search and seizure, he sent the accused as also seized contraband to the police Station concerned where the contraband was again seized by the investigating officer from said Mr. R.K. Netam.