MOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 3/1/2001 passed by the Special Judge (NDPS Act), Bastar at place Jagdalpur, C.G. in Special Case No.55/2001, convicting the accused/appellant under Sec. 20(B)(i) of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") and sentencing him to under R.I. for one year and six months and to pay a fine of Rs.2,500.00, in default of payment of fine additional R.I. for four months.

(2.) As per prosecution case, on 24/9/2001, A. Nuruty, SHO posted in Parasgaon (Police Station), received a secret information (Ex.P-1) that one person is carrying Ganja in his bicycle. The said information was reduced to writing in Rojnamchasanha vide Ex.P-13 and forwarded to SDOP, Kondagaon. The police party along with witnesses went to the spot, apprehended the accused, gave him notice under Sec. 50 of the NDPS Act vide Ex.P-2 and made him aware of his legal right, on which he consented to be searched by the police. Personal search of the police party and the witnesses was also made by the appellant and nothing was found. On search of the bicycle which the appellant was carrying Ganja like substance was recovered and on being examined, it was found to be Ganja vide Exs. P-4 & P-5. On weighment being done of the contraband it was found to be 2.450 Kg Ganja. Two samples, each of 50 gms, were drawn from the said contraband and seizure memo was prepared, the samples were duly sealed and specimen of seal was affixed on the seizure memo Ex.P-8. Accused was arrested vide Ex.P-9. Intimation of the entire proceedings was forwarded to Superior Authority. After reaching police station, FIR (Ex.P-19) was registered against the accused/appellant under Sec. 20(B) of the NDPS Act. The remaining contraband was deposited in Malkhana, samples were sent to FSL for chemical examination vide Ex.P-20, which confirms the seized contraband to be Ganja vide Ex. P-21. After investigation, charge sheet was filed against the accused/appellant under Sec. 20(B) of the NDPS Act. The trial Court framed charge under Sec. 20(B)(i) of the NDPS Act against him. Accused denied the charge framed against him and prayed for trial.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 6 witnesses in all i.e. PW-1 Soma, PW-2 Jageshwar, PW-3 Sukhranjan, PW-4 R.K. Jha, PW-5 A Nuruty and PW-6 Jaidev Boi. Statement of the accused was also recorded under Sec. 313 Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. No witness was examined in his defence.