SUNITA MANDO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 23.04.2002 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the NDPS Act, 1985), Bastar at Jagdalpur in Special Criminal Case No. 09/2002, wherein the said Court convicting the accused/appellant under Section 20 b (ii) (B) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 3000/- with default stipulation.

(2.) As per prosecution case, S.L. Sinha (PW-4) posted as Assistant Sub Inspector in Police Station Frezerpur. On 05.02.2002 at about 5.30 pm, he received an information that at B.R.Cold Storage the appellant was having illegal contraband Ganja in a bag. After receiving information, the Police swung into action and rushed to the spot. He informed the appellant of her right for search by any Gazetted Offer or Executive Magistrate or she can be searched by him. He issued notice Ex.P-3 to the appellant and she consented to be searched by him vide (Ex.P-22). He searched the appellant and Ganja like substance was found in her bag. In presence of independent witnesses he prepared Panchnama as per Ex.P-7. After searching she was found to be in possession of Ganja in a plastic bag. The seized Ganja was measured and found to be 8.00 KG. Two sample of 50-50 grams were separated from the said articles and sealed in the presence of witnesses and rest of Ganja was sealed in different packet. Seized articles were handed over to In-charge of Malkhanan of the said Police Station who was Head Constable Imanul Kerketta (PW-3) and the same was sent for examination to Forensic Science Laboratory, Raipur for chemical examination where after examination seized article is found to be Cannabis/Ganja. All legal formalities were performed by the Police Officers and the matter was investigated and the charge sheet was filed against the accused/appellant in the Court of Special Judge NDPS Act, 1985, wherein the Special Judge NDPS Act framed charges as mentioned above to which the appellant did not plead guilty. The Special Judge, NDPS Act, 1985 conducted the trial and after completion of evidence of the prosecution side, statement of the appellant under Section 313 of the Cr.P.C., was recorded and after completion of trial, the Special Judge considering the material available on record by the impugned judgement convicted and sentenced the accused/appellant as mentioned above.

(3.) Learned counsel appearing for the accused/appellant submits that the seizure witnesses have turned hostile and factum of seizure is not proved. He submits that notice given to the appellant is not in the fitness of the procedure and the same is against the provision of Section 50 of the act and other provisions of Sections 41, 42, 52, 53, 55 and 57 of the Act are not complied with, therefore, conviction of the appellant is not sustainable. He further submits that the trial Court by not marshaling the evidence in right perspective came to wrong conclusion.