BHAGWATI BAI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 16. 01. 2019 passed by Special Judge (NDPS Act), Durg (C. G. ) in NDPS Special Case No. 22/2018, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act , 1985 (for short "the Act, 1985") and sentenced to undergo R. I. for 1 year and fine of Rs. 10,000/- with further default stipulations.

(2.) As per case of the prosecution, on 20. 04. 2018 at about 8:10 a. m. , Assistant Sub-Inspector of Police Station- Mohan Nagar namely Daya Shankar Pandey (PW-5) received information through informer that the appellant named above who is residing in Narharpar, Urla selling ganja to customers. After receiving the information, legal formalities were complied with, thereafter, police party made a search and on search 1 kg. & 200 grams of contraband article ganja was found in possession of the appellant in a small bag. The matter was investigated, appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-