SANJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the appeals are heard and decided together by this common judgment as they are arising out the same sessions trial.

(2.) These appeals have been preferred against the judgment of conviction and order of sentence, passed by the learned Special Judge (N.D.P.S. Act), Jashpur, District - Jashpur (C.G.) in Special Criminal Case No.5/2016 on 16.02.2017, convicting the appellants for the offence under Section 20 (B) (ii) (C) of the Narcotic Drugs Psychotropic Substance Act, and sentencing them to undergo R.I. for 10 years and fine of Rs.1,00,000/- with default stipulations.

(3.) Case of the prosecution in brief is this that on 29.11.2015, Sub- Inspector Ajay Sahu (P.W.-12) received one information from an informant, that some persons are transporting huge quantity of contraband Ganja in a car coming towards - Tapkara. Ajay Sahu (P.W.-12) prepared one information Panchnama (Ex.P-27) and another panchanama showing inability to obtain search warrant vide Ex.P-28. Information was immediately dispatched to the office of SDO(P) at Kunkuri and then he proceeded to the spot along with a team of other police officials.The independent witnesses were summoned on the spot. One unnumbered Toyota Itios car coming from the road towards Balisankara was stopped, which was found occupied by one driver and one another passenger, who introduced themselves as Sanjay Kumar and Amit Singh. Notice under Section 50 of N.D.P.S. Act was served upon the accused persons vide Ex.P-5 and Ex. P-6. Thereafter, the accused persons gave written consent vide Ex.P-39 and Ex.P-40 to be searched by Ajay Sahu (P.W.-12). Initially search of the raiding party and the witnesses were given to the accused persons, which was found without any result. Thereafter, the dickey of the Car in possession of the accused persons was searched, which was found containing numerous packets of Ganja of weight half k.g. and one k.g. Recovery memo Ex.P-10 and Ex.P-11 from both the appellants were prepared. The contents of the packets were tested by smelling, tasting, rubbing and burning and the material was found to be Ganja vide Ex.P-12 and Ex.P-13. Thereafter, the contents of both the packets were taken out and homogeneous mixture were prepared from the material recovered from both the accused persons, vide Ex.P-14 and Ex.P-15. For the weightment procedure, the balance was firstly verified vide Ex.P-16 and then the contraband was weighed. The weight of the material recovered from the Sanjay Kumar was 37.470 Kg. and from the appellant- Amit Singh was 57 Kg. Two samples of 500 grams from each recovery were prepared. The weighing certificate is Ex.P-19. The samples and the remaining material were packed and sealed. Seal Panchnama, Ex.P-20 was also prepared. All the material recovered and the car with driving license of Sanjay were seized vide Ex.P-21 from the appellant Sanjay Kumar. Rest of the contraband and samples were seized vide Ex.P-22 from the appellant Amit Singh. The appellant/ accused were arrested on the spot and Dehati Nalishi (Ex.P-43) was recorded immediately. S.I., Ajay Sahu (P.W.-12) then recorded statement of the witnesses on the spot and then came back to the police station along with the appellants/accused. All the proceedings taken up were entered in the station house diary. Numbered FIR, Ex.P-45 was lodged. The seized articles were handed over to the Malkhana Moharrir for keeping in safe custody. Rest of the investigation procedure were carried out. Samples were sent for FSL examination regarding which, report vide Ex.P-50 was received according to which contents of samples were Ganja, a narcotics substance. On completion of investigation, charge- sheet was filed against the appellants before the concerned Court.