NANDULAL CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 7-9-2012 passed by the First Additional Sessions Judge/Special Judge (under Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Raigarh in Special Case No.3 of 2011, wherein the said Court has convicted the appellant for commission of offence under Section 20 (b)(ii) (c) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- with default stipulations.

(2.) As per prosecution case, on 6-4-2011 B.P. Jngade (PW/6) Assistant Sub Inspector of Police Station Sarangarh received an information that a person resident of village Aamakoni had brought Ganja illegally from the State of Orissa and was sitting with a sack having Ganja for the purpose of sale on the way leading from Godam to Kapisda, lying in wait and search for customer. The said information was recorded as per Ex.P/23 and independent witnesses were called and the said information was forwarded to higher authorities of Police and after legal formalities the said Police Officer rushed to the spot with police personnel and independent witnesses. Search was made upon accused and contraband article Ganja was seized in a sack and upon weighed it is found to be 20 kgs. Sample packets were prepared from the seized article and same were sent to FSL where test of Ganja was found positive. The matter was investigated and after investigation the appellant was charge-sheeted. After completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant would submit as under: