AMARNATH SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) All the appellants have been convicted for committing offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo RI for 20 years and fine of Rs.2 lakhs each, in default of payment of fine to undergo additional RI for 2 years. Appellants Amarnath, Himanshu and Ravi were allegedly found in possession of 35 kg of contraband Ganja kept in Hyundai Verna Car bearing Registration No.CG-18 T/0187, whereas appellants Mohan, Saccha Kumar and Ram Kumar were found in possession of 38 kg of Ganja in Indica Car bearing registration No.OR-10E/5717. Similarly, appellants Dhanpati and Santosh were found to possess illicit Ganja weighing 24.51 quintals kept in 76 bags in a truck bearing registration No.MP-07W/2259.

(2.) Prosecution story is that on 17.9.2009, SHO, PS Kota, District Bilaspur, Shri DS Diwan received a communication from Constable Karan Jaiswal vide Ex.-P/48 to the effect that he has received a secret information that few persons travelling in truck No. MP-07W/2259, Verna Car No. CG-18 T/0187 and Indica Car No. OR-10E/5717 are transporting illicit Ganja from Bilaspur to Pendra through Achanak Mar. Secret information was recorded in Panchnama (Ex.-P/49) by Constable Karan Jaiswal. The said Constable was sent to summon witnesses and arrange weighing instrument, which was recorded in Rojnamcha Sanha No.678 (Ex.- P/50). Constable Karan Jaiswal brought witnesses Vijay Sahu and Aslam Khan and weigh-woman Anju along with weighing instrument to PS Kota, which was recorded in Rojnamcha Sanha (Ex.-P/51). After reaching the place of occurrence, accused Dhanpati, Abhimanyu and Amarnath were served notice under Section 50 of the Act vide Ex.-P/7, P/8 & P/9 as to whether they wanted to be searched by a police officer or in the presence of any Magistrate or gazetted officer. The said accused consented to be searched by the police officer in Ex.-P/9 itself. Similarly, other accused persons were served notice vide Ex.-P/11 & P/12 for search of their respective Hyundai Verna and Indica Car. Prior to the seizure operation, the police staff and witnesses were also searched by the accused Amarnath vide Ex.-P/13 & P/14.

(3.) From Indica Car, one mobile set and one bag of Ganja was recovered vide Ex.-P/15. Similarly, from Verna car, one mobile set and one bag containing Ganja was recovered vide Ex.-P/16. From truck also one mobile set and 76 bags of Ganja was recovered. 76 bags containing Ganja was kept concealed beneath 40 bags of cattle-feed and 15 bags of Yam (Jimikand). Seizure memo of articles recovered from the truck is Ex.-P/17 & P/18. Primary test of contraband Ganja recovered from all the vehicles was conducted vide Ex.-P/21, P/22 & P/23. Weighing Panchnama, primary test Panchnama etc was prepared on the spot along with recovery memo of all the mobile sets.