KAMAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 21.07.2017, passed by the Learned Special Judge, (N.D.P.S. Act), Raipur (C.G.), in Special Sessions Trial No. 279/2016 convicting the appellants for the offence under Section 20(ii)(B) of N.D.P.S. Act and sentencing each of them to undergo R.I. 05 years and to pay fine of Rs.20,000/- with default stipulation.

(2.) The case of prosecution in brief is this that on 02.10.2016, Sub-Inspector- Narendra Sahu (PW-9) received one information from the informer that two persons are transporting Ganja in the bus No. CG.- 07-LS-3400. The entry of the information was made in the station House diary and a Mukhabir Panchnama was prepared vide Ex.-P/2. An intimation was immediately dispatched to the Superior Police Authority in Mainpur, for the reason that there was no time to obtain search warrant before making any search. Narendra Sahu (PW-9) then arrived on the spot and he informed the appellants that they have right to be searched in presence of a Magistrate or a Gazetted Officer. Both the appellants then gave consent for search to Narendra Sahu (PW-9) vide Ex.-P/4. After initial search of the members of the raiding party, the appellants were searched vide Ex.-P/8 & Ex.-P/9 and found to be in possession of two trolly bags and two back packs. On opening the trolly bags and the back packs in possession of appellant No.2, Santosh Singh, it were found containing six packets of Ganja which was recovered vide Ex.-P/10 and Ex.-P/11. Similarly, two packets of Ganja were also found in the bag of appellant Kamal Singh vide Ex.- P/14. The contents of the packets were then tested vide Ex.-P/12 and it was confirmed that the material was Ganja, that is a narcotic substance. The weighment procedure was carried out, in which firstly the electronic balance was verified vide Ex.-P/13 and on weighing all the contents of the bags, the total weight of the Ganja was found to be 15 Kg, which was recovered from the appellant No.2, Santosh Singh vide Ex.-P/16 and 14 Kg Ganja which was recovered from the appellant No.1, Kamal Singh vide Ex.-P/17. The contents of all the packets were then taken out and a homogeneous mixture was prepared out of the material recovered from the appellant No.1, Kamal Singh. Two samples were prepared which were marked as Sample A-1 and Sample B-1 vide Ex.-P/15. At the same time, out of the homogeneous mixture of the material recovered from the appellant No.2, Santosh Singh, two samples of 100 gm each were prepared vide samples C-1 and D-1. The remaining Ganja was again packed and sealed and a Panchanama of sealed articles was similarly prepared vide Ex.-P/20. The seizure of 14 Kg Ganja was made from the possession of appellant No.1- Kamal Singh vide Ex.-P/21 and seizure of 15 Kg Ganja was made from appellant No.2- Santosh Singh, vide Ex.-P/22. The appellants were then arrested on the spot by Sub-Inspector, Narendra Sahu (PW-9). The F.I.R. vide Ex.-P/49 was lodged by Narendra Sahu (P.W.-9) and a complete report Ex.-P/50 was sent to the S.D.M. Police, Mainpur. The samples of Ganja were sent for F.S.L. examination. F.S.L. report vide Ex.-P/51 was received, which confirms the presence of narcotic substance i.e. Ganja. After completion of investigation, charge-sheet was filed against the appellants.

(3.) The trial Court charged the appellants with offence under Section 20(2)(b) of N.D.P.S. Act, to which they denied and prayed for trial. On completion of prosecution evidence the appellants were examined under Section 313 of Cr.P.C., in which they denied all the incriminating evidence against them and pleaded innocence and false implication. No witness was examined in defence. On completion of trial, the appellants has been convicted and sentenced as aforementioned.