ABDUL KADIR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.6.2013 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Bastar at Jagdalpur in Special Case No.29 of 2010, whereby the present Appellant has been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that on 24.8.2009, Suresh Dhruw (PW9), Station House Officer, Police Station Keshkal found a truck bearing registration No.CG 04 G 8385 parked in unclaimed condition in Vyaparipara at Village Bahigaon. He brought the truck near the premises of the police station and made an entry about the same in Rojnamcha Sanha (Ex.P26). Thereafter, he made a search for the owner of the truck. No owner or driver of the truck was found. Therefore, the truck was parked in the police station. He intimated the senior officer about the same and made an entry thereof in Rojnamcha Sanha (Ex.P27). On the basis of the contact number given in the diary and other papers which were found in the truck, owner of the truck, namely, Abdul Kalim was contacted, but, he did not disclose his name and offered money for leaving the truck and ultimately he did not come. On 29.8.2009, Suresh Dhruw (PW9) obtained a direction from the higher officer for search of the truck and made an entry thereof in Rojnamcha Sanha (Ex.P28). On 29.8.2009 itself, he called Tahsildar, Keshkal and S.D.O., Keshkal on the spot. Tahsildar, Keshkal, namely, Bharosaram Thakur (PW8) conducted a search of the truck in which he found 90 plastic bags containing turmeric like substance and 91 plastic bags containing Ganja like substance. He got all the bags taken out from the truck and Recovery Panchnama thereof (Ex.P7) was prepared. Thereafter, Suresh Dhruw (PW9) conducted an identification proceeding of the recovered Ganja like substance and prepared a panchnama thereof (Ex.P8). He called weighing article through Yasim Memon (PW6) and after making physical verification of the said weighing article, he prepared a panchnama thereof (Ex.P9). Yasim Memon (PW6) weighed the Ganja. It was found to be 3123 Kgs. Weight Panchnama (Ex.P10) was prepared. The Ganja was mixed and a panchnama thereof (Ex.P11) was prepared. 2-2 sample packets each of 25 Gms. were prepared from each of the recovered plastic bags of Ganja. Thus, total 182 sample packets were prepared. A seal of "PS Keshkal MP" was affixed on each of the sample packets. All the plastic bags of Ganja were marked as A1 to A91. Specimen Seal Panchnama (Ex.P12) was prepared. The truck, the sample packets and the remaining quantity of Ganja were seized vide Ex.P13. After return to the police station, Suresh Dhruw (PW9) deposited all the seized articles in the Malkhana and obtained acknowledgment thereof (Ex.P20). He recorded First Information Report (Ex.P34). For further investigation, the matter was handed over to Inspector N.S. Netam (PW7). During investigation, N.S. Netam (PW7) recorded statements of witnesses under Section 161 of the Code of Criminal Procedure. On 14.9.2009, confessional statement of acquitted accused Alok Gochchhed (accused of Crime No.111 of 2009 registered for offence punishable under Section 20(b) of the Act) was recorded and a panchnama thereof (Ex.P15) was prepared. In his confessional statement, Alok Gochchhed has disclosed that he and P. Nageshwar Rao (another acquitted accused) were present in the truck and due to fear of police they had left the truck and ran away. Thereafter, both these acquitted accused persons were arrested by police. On 7.6.2010, owner of the truck, i.e., the present Appellant was found and he was arrested. The sample packets were sent to the Forensic Science Laboratory vide Ex.P44 for chemical examination. Report of the FSL is Ex.P48, which is positive. On completion of the investigation, a charge-sheet was filed. Charge was framed against the accused persons.

(3.) In support of its case, the prosecution examined as many as 10 witnesses. Statements of the accused persons were recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt, pleaded innocence and false implication. In their defence, 1 witness, namely, R.G. Sheikh (DW1), Assistant Sub- Inspector, Police Station Nagpuri Gate, Amravati, Maharashtra was examined.