RAMESH SINGH BAIS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 18-3-2010 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Rajnandgaon, in Special Case No. 3 of 2009, wherein the said Court has convicted the appellant for commission of offence under Section 20 (b)(ii) (c) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- with default stipulations.

(2.) As per prosecution case, Police Officer namely G.C. Pati (PW/12) Officer Incharge of Police Station Chhuikhadan, District Rajnandgaon received secret information from informer/Mukhbir on 14-3-2009 at 3.00 pm that the appellant had kept a large quantity of contraband article Ganja in a room of his house situated at village Daniya to sell the same in rural area Information was recorded in Rojnamcha Sanha and information was sent to superior officer. Two independent witnesses were called and thereafter police personnel and other witnesses reached to the house of the appellant and after search 33 bags were found lying in the house of the appellant. Two samples of 50 grams each were separated from each bag which was sealed and specimen seal was also prepared. Seized articles were entrusted to Incharge of Malkhana of the said Police Station. Samples were sent for chemical examination to FSL where test of Ganja was found positive. After completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) The appeal is preferred on the following grounds.