T NARSAIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 14.12.2011 passed by the Special Judge (NDPS Act, 1985), Bastar at Jagdalpur in Special NDPS Case No.28/2010, convicting the accused/appellants under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") and sentencing each of them to undergo RI for 20 years and to pay a fine of Rs. 2 lacs, in default whereof to suffer additional RI for three years.

(2.) Facts of the case in brief are that on 14.9.2009 at 10 am secret information was received by PW-7 Suresh Kumar Dhruv, Station House Officer, Police Station-Keshkal, that in unnumbered white Maruti Omni car some persons are coming from Jagdalpur side towards Andhra Pradesh, followed by a truck bearing registration No. HR-38 L/9999, carrying ganja in both the vehicles. Said information was reduced in writing in Rojnamchasanha No.11 vide Ex.P/30C and thereafter secret information Panchanama Ex.P/29 was prepared. The said information was forwarded to SDOP, Keshkal through Constable No.1354 and departure of the constable was entered in Rojnamchasanha No.12 vide Ex.P/31C. PW-7 along with staff proceeded towards the spot and the departure was mentioned in Rojnamchasanha No.13 vide Ex.P/33C. The Maruti Van was intercepted, in which three persons namely Alok Gochhed, P. Nagesh and Aman Kumar were found with 26 kg of ganja. Immediately thereafter, the truck bearing registration No. HR-38 L/9999 was intercepted at the check-post and when the driver made an attempt to escape he was apprehended. Witnesses were summoned vide Ex.P/2 and P/3. Upon being asked by PW-7, the driver of the truck disclosed his name as T. Narsaiya (accused/appellant No.1) and its conductor as M. Sampat (accused/appellant No.2). Notice under Section 50 of the Act was given to them, on which they consented orally in presence of witnesses for search of their vehicle by the police vide Ex.P/4. First, the accused persons were allowed to make search of the police personnel and the witnesses, however, on such search being made, nothing objectionable was found from their possession. When search of the truck in question was made, certain bags containing onion were found vide Ex.P/6 and upon further search, total 105 plastic bags were found in the said onion bags, which contained substance like ganja vide Ex.P/7. On the spot itself the contraband was got examined by the witnesses by way of smelling, tasting and burning, and on the basis of their experience, they found it to be ganja vide Ex.P/8. Thereafter, witness Yasin Memon was given notice under Section 91 of CrPC for weighment vide Ex.P/24 and after physical verification of the weighment brought by Yasin Memon vide Ex.P/9, the contraband was weighed by Yasin Memon vide Ex.P/10 and the bags were marked as Ex.A-1 to A-105. Thereafter, homogenization of the contraband contained in different bags was done vide Ex.P/11. From each of the bags, two samples, each weighing 25 gms, were drawn and as such, total 210 samples were drawn, the samples and the remaining ganja were duly sealed. The panchanama of the sample seal was prepared vide Ex.P/12 and Ex.P/13. On the spot itself, the truck in question along with its key, onion bags, sample packets and the remaining contraband were seized vide Ex.P/14 and likewise, documents of the vehicle were also seized from accused M. Sampat vide Ex.P/15.

(3.) So as to hold the accused persons, the prosecution examined 07 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.