KRISHNACHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 11.01.2012 passed by Special Judge (NDPS), Durg (C.G.) in NDPS Special Case No. 03/2009, wherein the said court convicted both the appellants for commission of offence under Section 20(b)(ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the NDPS Act, 1985") and sentenced to undergo R.I. for 10 years and fine of Rs. 1 lakh each with further default stipulations.

(2.) As per case of the prosecution, Station House Officer, Police Station- Khursipar received an information on 18.04.2009 that some persons are in the house of one Udho Singh @ Uddhav Singh which is situated at Shaheed Veer Narayan Singh Nagar, Khursipar, Bhilai for selling illegal contraband article ganja. The police inspector called for witnesses namely Prem Mishra and Suresh Sahu and made Panchnama of information and informed to the then superior police officer C.S.P. Chhawani through his constable. On instruction of superior officer, the police inspector went to the house of Udho Singh @ Uddhav Singh where both the appellants were found. The police party searched them and before searching them one translator namely Haribandhu was called for understanding language of police party and therefore, search was made. Three suitcase and three bags were found in which contraband like substance were kept in a polythene packets. The substances are identified as ganja and when it is weighted, the total quantity was found to be 45 Kg. & 500 grams. Two samples of 25-25 grams of ganja were separated from each packets which was sealed and seized articles were also sealed. Property was handed over to in-charge of malkhana and samples were sent for chemical examination to Forensic Science Laboratory where test of ganja was found positive. Both the appellants were charge-sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-