AARIF KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Shailendra Soni and Shri Narendra Singh Thakur, Advocates have been engaged by the appellant for arguing the case on his behalf. Despite repeated calls they have not appeared when the case is called for final hearing, therefore, Shri Shivendu Pandya, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 17-2-2010 passed by the Special Judge (Narcotic Drugs & Psychotropic Substance Act, 1985 (for short, "the Act, 1985"), Janjgir, District Janjgir-Champa (CG) in Special Criminal Case No. 11 of 2009 wherein the said Court convicted the appellant for commission of offence under Section 20(B)(1)(ii) (C) of the Act, 1985 for illegal possession of contraband Ganja measuring 20.140 kgs on 7-9- 2009 at abut 8.15 pm at village Budgahan, Police Station Baloda, District Janjgir-Champa (CG) and sentenced him to undergo RI for ten years and fine of Rs. 1,00,000/- with default stipulations.

(3.) In the present case, Incharge of Police Station Baloda received information that one person is in possession of contraband Ganja and this information was recorded in Panchnama and information was sent to higher authorities. Witnesses were called and directed to remain present during seizure proceeding. Appellant was given notice regarding his right to be searched by any Magistrate or Gazetted Officer as per Ex.P/17, but he gave consent to be searched by the said Police officials. First all members of raid party were searched and no objectionable article was found in their possession and thereafter one bag was seized from the possession of the appellant in which contraband articles were kept in 12 packets. All the packets were weighed in electronic weighing machine and total quantity was found to be 20.140 kgs. Two samples of 50 grams each were separated and sealed on the spot and rest of the articles were also seized and sealed. All the seized articles were given to Incharge of Malkhana for keeping the same in safe custody. The articles which were kept in safe custody and the samples were given to Constable Vijay Kumar Patel for depositing the same in Forensic Science Laboratory for examination. As per report of FSL, test of Ganja was found to be positive. The matter was investigated and the appellant was charge-sheeted.