RAJU SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 29-11-2011 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Mahasamund, District Mahasamund (CG) in Special Criminal Case No.10/2011, wherein the said Court has convicted the appellant for commission of offence under Section 20 (b)(ii) (b) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for eight years and to pay fine of Rs.80,000/- with default stipulations.

(2.) As per version of prosecution, on 13-03-2011 Bhagwat Thakur Asst. Sub Inspector of Police Station Saraipali received information from Mukhbir that one person was looking for a customer for selling contraband/Ganja keeping in a suit case near Tehsil Officer, Saraipali. The said Information was recorded and two independent witnesses were called. The information was sent to higher authorities, thereafter the Police Officer rushed to the spot along with independent witnesses and police personnel and 17 kgs of contraband article was seized from the appellant. The matter was reported and after completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant would submit as under: