THULLU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri VK Pandey, Advocate has been engaged by the appellant, but despite repeated calls, none appeared, therefore, Shri Amiyakant Tiwari, Advocate present in the Court is appointed as amicus curiae to argue the matter on behalf of the appellant.

(2.) This appeal is directed against the judgment dated 07.4.2008 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), Dhamtari (CG) in Special Criminal Case No.40/2007 wherein the said Court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of the NDPS Act and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of 70,000/- with default stipulations.

(3.) As per the case of the prosecution, on 22.6.2007 Sub Inspector Pradeep Sori (PW-10) received telephonic information from Asst. Sub Inspector Chetan Sahu (PW-8) that he got the information from the informer that three persons were trying to sell cannabis/ganja in the bus station of Dhamtari. The officer recorded the same and one panchnama was prepared for search without warrant and a copy of the same was sent to Sub Divisional Officer (Police). Two independent witnesses namely Bheem and Kanhaiya were called and the said officer rushed to the spot with two independent witnesses and police personals. After reaching to the spot, he informed the appellant about his right to be searched by any gazetted officer or Magistrate, but he opted to be searched by the said police officer. First of all the police party given their search but nothing objectionable was found. When the bag in possession of the appellant was searched, ganja was found in the said bag. After weighing it was found to be 12.700 kg. Two samples of 50 gms each were prepared from the said ganja and it was sealed and packed. After the investigation, the appellant was cahrge sheeted and convicted as mentioned above.