MUNNA SARTHI @ MANNU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 09.01.2015 passed by Special Judge under Narcotic Drugs and Psychotropic Substances Act, 1985/First Additional Sessions Judge, Baloda Bazar (CG) in Special Case (NDPS) No.03/2013, wherein the said Court convicted the appellant for commission of offence under Section 20(b)(ii)(C) of the NDPS Act and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lakh with default stipulations.

(2.) As per the prosecution case, on 26.6.2012 Assistant Sub Inspector SP Ghrit Lahare (PW-5) of Police Chowki Gidhpuri received information that the appellant is in possession of contraband article ganja. After recording the said information he rushed to the spot along with other police officials and search was conducted in the house of the appellant and one yellow plastic sack containing 23 packets of ganja like substance was found and the same was seized. Seized articles were weighed in physical balance and the quantity was found to be 23 kg. After investigation, the appellant was charge sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under: