DINESH DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.2.2004 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act of 1985'), Bastar at Jagdalpur in Special Case No.58 of 2003 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that on 15.12003, Sub-Inspector Arvind Dwivedi (PW1) received information that two persons were carrying contraband article Ganja on a Hero Honda Motorcycle and they were proceeding towards Raipur. The information was recorded vide Mukhbir Suchana Panchnama (Ex.P1). He forwarded the information to his higher officers telephonically. Thereafter, he along with a raiding party reached the spot and stopped the motorcycle. The Appellant was informed about the secret information received and he was given a notice of search under Section 50 of the Act of 1985 (Ex.P3). The Appellant consented for his search vide Ex.P4. Arvind Dwivedi (PW1) and his staff gave their search vide Ex.P5 in which no objectionable article was found. In search of the Appellant, a bori (bag) of manure was recovered from the possession of the Appellant in which Ganja like substance was kept. A panchnama of the search (Ex.P6) was prepared. On being identified, the substance was found to be Ganja. A panchnama of identification of the substance (Ex.P7) was prepared. On being weighed, quantity of the recovered Ganja was found to be 10 Kgs. Weight panchnama thereof (Ex.P8) was prepared. 2 sample packets each of 25 Gms. were prepared vide Ex.P9. The recovered Ganja, the sample packets thereof and the motorcycle were seized vide Ex.P10. The raiding party came back to the police station along with the Appellant and the seized articles. The seized articles were deposited in the Malkhana and an acknowledgement thereof (Ex.P15) was obtained. First Information Report (Ex.P13) was registered by Arvind Dwivedi (PW1). Senior Police Officers were informed about the complete proceedings drawn. Out of the 2 sample packets, 1 packet was sent to the Forensic Science Laboratory for chemical examination vide memo (Ex.P17). FSL Report is Ex.P19 in which the sample was confirmed to be of Ganja. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 20(b) of the Act of 1985. Charge was framed against him under Section 20(b)(ii)(B) of the Act of 1985.

(3.) To rope in the Appellant, the prosecution examined as many as 4 witnesses. Statement of the Appellant was also recorded under Section 313 Cr.P.C. in which he denied the circumstances appearing against him, pleaded innocence and false implication. No witness has been examined in his defence.