SIDHARTHA GAUTAM Vs. STATE OF SHHATTISHGARH

JUDGEMENT

(1.) THIS judgment shall govern Criminal Appeal no. 1081/2007 preferred by Sidhartha gautam, Criminal Appeal No. 8/2008 preferred by Vinay Kumar and Criminal appeal No. 342/2008 preferred by Anil Gupta.

(2.) APPELLANTS Sidhartha and Vinay wore convicted under Section 20 (b) (ii) (C) of the narcotic Drugs and Psychotropic substances Act,1985 (henceforth 'the Act') by judgment dated 3. 11. 2007 in Special Case no. 1/2007 by the Special Judge (under the act), Bastar place Jagdalpur and sentenced to rigorous imprisonment for 10 years each and also to a tine of Rs. 1,00,000 each and in default to undergo rigorous imprisonment for 3 years for transporting 183 kilograms of illicit ganja in Santro Car No. MP18c 1226 (henceforth 'the Santro Car') on 25. 11. 2006 near Gadsit Bhata Nata. The appeal preferred by Anil Gupta, i. e. , the owner of the Santro Car is directed against the order of confiscation of the Santro Car by the impugned judgment.

(3.) BRIEFLY stated prosecution's case is as under: on 25. 11. 2006, Shri B. S. Nishad PW4 sho of P. S. Keshkal received secret information at 8:50 a. m. that illicit ganja was being brought from jagdalpur in the Santro Car. After recording the said information in rojnamcha Sanha No. 945 Ex. P22 and sending information to his immediate superior vide Ex. P1, he proceeded with witnesses Sampatram PW1 and Sadan pw2 and staff to intercept the Santro car. The police party stationed itself on the National Highway and saw the santro car coming from Jagdalpur. On being signaled to stop, the Santro Car escaped through the forest road, was chased and finally intercepted at gadsil Bhata Nala. Appellant sidhartha Was driving the Santro car while appellant Vinay was seated in it. It was found that the Santro Car was loaded with gunny sacks containing ganja like substance. 11 gunny sacks containing ganja like substance were found inside the Santro Car. Panchnama Ex. P7 was prepared. 2 samples of 50 grams each were lifted from each Gunny Sack and identification marks A1 to K1 were put on 11 sample packets. Weighment was done by Farsuram PW 3. Weight of the 20 sample packets of 50 grams each weight of ganja in the 11 gunny sacks was 183 kilograms. The 11 gunny sacks and the 22 sample packets were sealed by Shri B. S. Nishad PW4 with the seal of Police Station Keshkal. Specimen impression of the seal was affixed on Panchnama Ex. P13 and ex. P14. A mobile cell phone and rs. 200 cash were seized from the appellant Vinay vide Ex. P15 and the santro Car, Nokia Mobile, 11 sealed gunny sacks and 22 sample packets were seized vide Ex. P16 from the appellant Sidhartha. Specimen impression of the seal was also put on Ex. P16. The appellants Vinay and Sidhartha were arrested at 3 p. m. on 25. 11. 2006.