ANKUSH TOBERE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 27.03.2017 passed by the learned SpecialJudge,Saraipali (NDPS Act), Mahasamund, District- Mahasamund,Chhattisgarh in Special Criminal Case No.03/2016 convicting the accused/appellants under Section 20(B)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act ,1985 (for short ' NDPS Act ') and sentencing them to undergo RI for 10-10 years with fine of Rs.1,00,000-1,00,000/- plus default stipulation.

(2.) The prosecution case, in brief, is this that on 29.11.2015 ASI N.K. Das PW-15 of P.S.-Basna, who was on patrolling duty, received an information from Informer that ganja is being transported in a car bearing registration No.MH-17/AJ/6803. ASI N.K. Das PW-15 immediately summoned the witnesses and a blockade was created on the road near Saraipali, On arrival of a car bearing Registration No.MH-17/AJ/6803 on the spot, it was stopped. The car then turned and tried to flee from the spot but the police party chased and stopped the car. One male and female were found inside the car. The appellant/accused introduced themselves and informed that the vehicle has been abandoned by driver Shrikant. A notice was served upon appellants/accused under Section 50 NDPS Act against which the appellants gave their consent to be searched by the police party. After initial search of police party and the witnesses, car bearing Registration No.MH-17/AJ/6803 was searched and 31 numbers of big packets and 20 numbers of small packets were recovered from dickey of car. A recovery panchnama ExP-20 was prepared on the spot. After conducting test on the contents of packets, it was found to be ganja. Subsequent to that weighment procedure was carried out. Total weight of ganja was found to be 82 kg. All the articles i.e. ganja, car, mobile set and papers of car were seized vide seizure memo ExP.22. After completion of this procedure, FIR ExP-54 was lodged by ASI N.K. Das PW-15. The articles seized from the spot were handed over to the Malkhana Muharrir for keeping it in safe custody. Later on, samples of seized contraband were sent for FSL examination from where FSL report ExP-49 was received confirming that contents of the packets to be ganja. The case was investigated and on completion of investigation, charge-sheet was filed before the concerned Court.

(3.) The appellants were charged with the offence under Section 20(B) (ii) (C) of the NDPS Act . Appellants abjured their guilt and sought trial. The appellants were examined under Section 313 of CrPC, in which they denied all the incriminating evidence available against them, pleaded innocence and false implication. No witness was examined in defence. After completion of trial, the trial court vide impugned judgment convicted and sentenced the appellants in the manner as mentioned herein above.