TULA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal, presented under Section 36(B) NDPS Act, read with Section 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction and order of sentence dated 25.4.2001 passed by the Special Judge, Bastar at Jagdalpur (constituted under NDPS Act, 1985) in Special case No.41 of 2000, whereby the accused/appellant has been convicted under Section 20(B)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act, 1985") and sentenced to undergo R.I. for 1- 1/2 year and to pay a fine of Rs.3,000, in default of payment of fine to undergo further R1 for 4 months.

(2.) Briefly stated, the facts of the case are that on 8.7.2000, Sub-Inspector Alok Shrivastava (PW1) received secret information from the informer that the accused/appellant, standing near the bus stand was having some ganja in two bags. On receiving the said information, he prepared panchnama Ex.P1 of the same and proceeded to the spot for entrapment along with the staff and witnesses Sheikh Mashuk (PW2) and Massu Ram (PW3). After issuing notice under Section 50 of the NDPS Act, he searched the appellant before witnesses and seized 2.766 kilograms ganja from the two bags in his possession. Sub-Inspector Alok Shrivastava (PW1) stated that the ganja found in two bags from the possession of appellant was separately weighed on the spot. The appellant was found in possession of 1.420 kilograms of ganja in one bag and 1.346 kilograms in the other. He prepared weighing panchnama Ex. P10, taken out four samples of 24 grams, each (2 from each bag), seized the ganja vide Ex. Pll, arrested the appellant vide Ex. PI2, deposited the seized ganja in Malkhana vide Ex. P13 and sent a detail report of this incident to his senior officers vide Ex.P17. Thereafter, the Investigating Officer sent all the four samples (two samples from each of the bag) out of the seized ganja to Forensic Science Laboratory for chemical examination vide Ex.P19 from where FSL report Ex.P20 was obtained. Sub-Inspector Alok Shrivastava (PW1) registered the first information report vide Ex.P14. On completion of investigation, the charge-sheet was filed before the trial Court.

(3.) The trial Court framed charge against the accused/appellant under Section 20(B) of the Act. After recording the evidence of the witnesses, the statement of the accused appellant was recorded under Section 313 of the Cr.P.C, in which he denied the circumstances appearing against him and pleaded innocence and false implication. On evaluation of the evidence and materia] available on record, the Special Court convicted and sentenced the accused/appellant as noted above. Aggrieved by this judgment, the appellant has preferred this appeal.