GOLA BILLA NAGRAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal, challenge is levied to the judgment of conviction and order of sentence dated 30-7-2002 passed by the Special Judge, NDPS Act, Bastar at Jagdalpur in Special Case No. 2/2002 whereby and whereunder he convicted the appellant under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in brevity "NDPS Act") and sentenced him to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs. 1.00.000/-, in default of payment of fine to undergo additional Rl tor 2 years.

(2.) This is admitted by the appellant that he was present on scooter bearing registration No. AP 16 N 505; the scooter met with an accident near Keshkal; and he got injuries and was examined by P.W. 3 Dr. S.C. Dubey.

(3.) In brief, prosecution story is that on 3-12-2001 P.W, 4 Rajesh Kumar Jha was posted as Station House Officer, Police Station, Keshkal. On that date, at about 17.00 hours he received an information from the informer that one person who was coming from Jaijaipur, Orissa to Raipur by Scooter bearing registration No. AP 16 N 505 carrying cannabis (Ganja) had met with an accident near forest depot, at village Borgaon, one white bag kept in the dicky and one red bag kept in the back side of the scooter contain cannabis. P.W. 4 Rajesh Kumar Jha immediately recorded the said information in writing in Rojnamcha Sanha No. 93 vide Ex. P-16(C). The said information was also recorded on the same day at the same time vide Ex. P-2. The written information was sent to the S.D.O. Police Kondagaon by Wireless message vide Ex. P-1 Looking to the fact that there may be delay in arriving the S. D.O. Police, Kondagaon, P.W. 4 Rajesh Kumar Jha proceeded to the place of occurrence. He prepared action panchnama Ex P-3. After reaching there, he found that the appellant was present there. He gave notice to the appellant under Section 50 of the NDPS Act vide Ex. P-4. P.W. 4 Rajesh Kumar Jha, his staff and witnesses gave their search to the appellant vide Ex. P-6. The white bag and the red bag were searched by P.W. 4 Rajesh Kumar Jha vide Ex. P-7 and found cannabis in them. Identification panchnama of contraband was prepared vide Ex. P-8. Physical verification of the scale was done vide Ex. P-9. P.W. 2 Gopal weighed the entire cannabis after verification vide Ex. P-10, and on weighment, it was found to be 22 kg and 700 gm. P.W. 4 Rajosh Kumar Jha drew two samples of 25 gm each from the recovered contraband vide Ex. P-11. Two packets of sample and remaining cannabis in two separate bags were sealed. Specimen seal panchnama Ex. P-12 was prepared. Two sealed bags, two sealed samples, one scooter have been seized vide Ex. P-13. P.W. 4 Rajesh Kumar Jha arrested the appellant. He sent the information of arrest to the appellant's wife through wireless vide Ex. P-20. The appellant was sent to hospital for treatment. P.W. 4 Rajesh Kumar Jha prepared the spot map vide Annexure Ex. P-21. He returned back along with the seized articles to P.S. Keshkal. He handed over the seized article to the In-charge of the Malkhana for safe custody. He lodged the FIR vide Ex. P-23. He sent the detailed report to the S.D.O. Police, Kondagaon vide Ex. P-24. On 6-12-2001, he sent two samples to R.F.S.L. Raipur vide Ex. P-26. As per report of the ; R.F.S.L Raipur vide Ex. P-28, samples were found to be of cannabis.