DILIP SAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 18.2.2009, passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), Durg (CG) in NDPS Special Case No. 08/2008, wherein the said Court has convicted the appellant under Section 20(b)(ii) B of the said Act and sentenced to undergo R.I. for 9 months and fine of Rs. 2000/- with default stipulation for having illegal possession of contraband article Ganja measuring 2 kg and 100 gm.

(2.) Police Inspector, R.S. Dwivedi (PW6) was In-charge of Police Station Khursipar on 31.1.2008. He received information regarding possession of contraband article Ganja by the appellant. This information was recorded in Rojnamcha Sanha. Thereafter, 2 independent witnesses were called and the said officer rushed to the spot with police personnel and independent witnesses. The information was sent to the City Superintendent of Police as per Ex. P/13. On search of house of the appellant, contraband article Ganja was found. Two samples of 25 gm each were prepared and sealed. The seized articles were handed over to the Malkhana In-charge for safe custody and samples were sent to Central Forensic Science Laboratory for examination. The test of Ganja was found positive. After completion of legal formalities, the appellant was charge-sheeted and convicted and sentenced as mentioned above.

(3.) To substantiate the charge prosecution has examined as many as 6 witnesses.