RAJESH VASHNIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both these appeals arise out of the common judgment of conviction and order of sentence dated 8.5.2014 passed by the Special Judge (NDPS Act), Dhamtari in Special Criminal Case No. 03/2010, convicting each of the accused/appellants under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act and sentencing them to undergo RI for 20 years and to pay a fine of Rs. 1 lac each, in default whereof to suffer additional RI for three years, they are being disposed of by this common judgment.

(2.) Facts of the case in brief are that on 11.3.2010 at about 10.05 am when the police party was in search of accused in some other case, a secret information was received that three persons are coming from Nagri carrying contraband ganja in Maruti Van towards Dhamtari. The secret information was reduced into writing vide Ex.P/16. The said information was forwarded to the superior officer vide Ex.P/2 through police constable PW-2 Jamvant Deshmukh, who carried that information to the superior officer, got acknowledgement thereof and after returning from there made entry in the reverse side of duty certificate vide Ex.P/ Apprehending the escape of the accused persons and concealment of evidence of the offence, the accused persons were intercepted for being checked and searched without obtaining warrant vide Ex.P/3.Notice was given to the accused persons under Section 50 of the Act vide Ex.P/4 and vide Ex.P/21 after obtaining their consent where the accused persons agreed for their personal search as also for search of the vehicle from the police, the search was made. On search of the vehicle i.e. Maruti Van bearing registration No. CG 04 B 0971, in 11 gunny bags certain objectionable thing was found. After examining the same through tasting, smelling, rubbing and burning, it was found to be ganja vide identification memo Ex.P/5. Prior to search of the accused and their vehicle, the police party gave their own search to the accused, on which nothing objectionable was found from their possession. The electronic weighing machine was called, weighment of the contraband was done which came to be 85.800 kg and accordingly weighment panchanama was prepared vide Ex.P/7. Thereafter, homogenization of the contraband was done; 22 samples from each bag were drawn; gunny bags and the samples were duly sealed on the spot vide Ex.P/7; seizure report Ex.P/8 was prepared and in the said memo specimen seal was also affixed. The accused persons were arrested vide Ex.P/12, P/13 & P/14 and all the proceedings were recorded in the Rojnamchasanha vide Ex.P/25C. Thereafter, FIR (Ex.P/1) was registered at 6.40 pm against the accused persons under Section 20(b) of the Act. On 11.3.2010 itself the samples along with the seized contraband were deposited in the Malkhana vide Ex.P/17C. The samples so drawn were sent for chemical examination to FSL vide Ex.P/28 and as per FSL report Ex.P/20, the samples were confirmed to be ganja. In the FSL report it has been mentioned that the samples which were sent for examination were duly sealed and the seals tallied with the specimen seal. Sending of samples to the FSL and depositing the same with FSL was reduced into writing in the Rojnamchasanha vide Ex.P/18C and P/19C. After filing of charge sheet, the trial Court framed charge under Section 20(b)(ii)(C) of the Act against the accused persons.

(3.) So as to hold the accused/appellants guilty, the prosecution examined 10 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.