HEERA PRASAD SATPATHI S/O SHANKAR PRASAD SATPATHI Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION DEVBHOG DIST RAIPUR (CG)

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 11-8-2011 passed by the Special Judge (Narcotic Drugs & Psychotropic Substance Act, 1985 (for short, "the Act, 1985"), Raipur (CG) in Special Criminal Case No. 27 of 2010 wherein the said Court convicted the appellant for commission of offence under Section 20(b)(ii) (c) of the Act, 1985 for illegal possession of contraband Ganja measuring 43 kgs and sentenced him to undergo RI for ten years and fine of Rs. 1,00,000/- with default stipulations.

(2.) As per prosecution case, (PW/7) Jaiveer Bhagat, Assistant Sub-Inspector of Police Station Mainpur received information on 29-7-2010 at about 6.30 pm that one unknown person is in illegal possession of contraband Ganja in two jute bags and he is inclined to sell the same. Information was written and one Panchnama was prepared by the said officer. The information was sent to Additional Superintendent of Police, Gariyaband and again it was recorded in Rojnamchasanha of the said Police Station. After recording the information the police authorities along with other police personnel reached to the spot i.e., main square of Mainpur and they found that the appellant was having some contraband Ganja in two jute bags. Appellant was given notice regarding his right to be searched by any Magistrate or Gazetted Officer and he gave consent to be searched by the Asst. Sub Inspector. Two jute bags containing contraband article were seized from the appellant and thereafter on weight one bag was found to be 20 kgs and another bag was found tobe 23 kgs. Samples from each bag were separated as A/1, A/2 and B/1 and B/ After seizure, two packets of sample were sealed and rest of the articles were also sealed and same was kept in safe custody of Police Station. All the activities were recorded in Rojnamchasanha and information was sent to Additional Superintendent of Police, Gariyaband. After investigation, appellant was chargesheeted and convicted as mentioned above.

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