CHANDRAKISHORE PASWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 20.08.2001 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the NDPS Act, 1985'), Raipur in Special Criminal Case No. 72/2000, wherein the trial Court convicted the accused/appellant under Section 20 (B) (1) read with section 8 of the Act, 1985 and sentenced him to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 3,000/-, in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) As per prosecution case, Rajesh Tiwari (PW-8) posted as Assistant Sub Inspector in Police Station Civil Lines. On 11.10.2000 he received an information from the informant that a man alighted from Jagdalpur bus and inquired about another bus was having illegal contraband in his air bag. Police recorded this information in Dehatinalshi Ex.P-23 and thereafter they prepared Rojnamchasanha No. 743 Ex.P-24. After receiving information, the Police swung into action and rushed to the spot. He informed the appellant of his right for search by any Gazetted Offer or Executive Magistrate or he can be searched by him. He issued notice Ex.P-3 to the appellant and the appellant consented to be searched by him vide (Ex.P-4) thereafter he prepared talashi panchanama Ex.P-5, Ex.P-6 and weight panchanama Ex.P-7. During search, Rajesh Tiwari (PW-8) found Ganja like suitcase in his suitcase and air bag. The seized Ganja was measured and found to be 22.00 KG. Two sample of 25- 25 grams were separated from the said articles and sealed in the presence of witnesses under Ex.P-8 and rest of Ganja was sealed in different packet. In presence of witnesses he prepared Panchnama as per Ex.P-10 and Dehatinalishi Ex.P-23. The applicant was arrested under Ex.P-12 and prepared arrest panchanama Ex.P-12. FIR Ex.P-25 was registered in Police Station Civil Lines. Seized articles were handed over to In-charge of Malkhanan of the said Police Station who was Urmila Prashad Pandey (PW-6) and the same was sent for examination to Forensic Science Laboratory, Raipur for chemical examination where after examination seized article is found to be Cannabis/Ganja. All legal formalities were performed by the Police Officers and the matter was investigated and the charge sheet was filed against the accused/appellant in the Court of Special Judge NDPS Act, 1985, wherein the Special Judge NDPS Act framed charges as mentioned above to which the appellant did not plead guilty. The Special Judge, NDPS Act, 1985 conducted the trial and after completion of evidence of the prosecution side, statement of the appellant under Section 313 of the, was recorded and after completion of trial, the Special Judge considering the material available on record by the impugned judgment convicted and sentenced the accused/appellant as mentioned above.

(3.) Learned counsel appearing for the accused/appellant submits that there omissions and contradiction in the deposition of the witnesses. He submits that the prosecution has failed to establish that seized article belong to the appellant which was kept in a suitcase and airbag. He further submits that the trial Court by not marshaling the evidence in right perspective came to wrong conclusion.