DOMARU ALIAS MITI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) DILIP Raosaheb Deshmukh, J.- This appeal is directed against the judgment dated 26. 10. 2007 delivered by the Special judge, Bastar Place at Jagdalpur in special Case No. 30/2006 whereby the appellant was convicted for the offence punishable under section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances act (hereinafter referred to as 'the Act') and sentenced to rigorous imprisonment for 5 years and also to a fine of Rs. 25,000/- and in default to undergo additional rigorous imprisonment for one year for having been found in possession of illicit ganja weighing 10. 100 kilograms on 15. 09. 2006 at old bus-Stand, Jagdalpur in a bag.

(2.) BRIEFLY stated the prosecution case is that on receiving secret information, Shri a. Nooreti, P. W. 2 apprehended the appellant who was holding a bag at old Bus-Stand, Jagdalpur on 15. 09. 2006 at about 12. 00 noon. After observing the necessary formalities as required under the Act, the ganja being carried by the appellant in the bag was weighed by Vishnu Kumar Sahu, p. W. 3 and found to be 10. 100 kilograms. Out of the said ganja, two samples of 50 grams each were taken and seized with the remaining ganja vide Ex. P. 3. The sample packets were sent for chemical analysis to the Forensic science Laboratory, Raipur. Vide report Ex. P. 1, it was opined that both the sample packets contained ganja. After completion of investigation, prosecution under Section 20 (b) (ii) (8) of the Act was launched against the appellant.

(3.) THE appellant abjured the guilt and pleaded innocence. The prosecution examined 4 witnesses. Ramesh Kumar, witness of seizure could not be examined by the prosecution despite issuance of several coercive processes by the trial Judge. No evidence was led by the appellant in defence.