RAJESH GWATIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 16-9-2011 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Mahasamund in Special Criminal Case No. 07 of 2011, wherein the said Court has convicted the appellant for commission of offence under Sec. 20 (b)(ii) (b) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for five years and to pay fine of Rs.50,000.00 with default stipulations.

(2.) As per prosecution case, on 9-3-2011 at 1.00 pm Police Officer of Police Station Basna received confidential information from Mukhbir that one person is standing at Bhavarpur turning near Bihari Dhaba, Police Station Basna holding two bags containing Ganja in it is waiting for bus. The said Police Officer after recording information and after completing formalities rushed to the spot and after obtaining consent, searched the bags in which ganja was found which was weighed and found to be 10 kgs. The matter was reported. After completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

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