MOHD. GUDDU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.7.2017 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act (henceforth 'the Act'), Jashpur in Special Criminal Case No.10 of 2016, whereby the Appellants have been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that on 17.6.2016, Sub-Inspector Dipesh Saini (PW11) received information that in a Tata Indigo Car bearing registration No.OD 15A 4847, illegal Ganja was being transported from Orissa. He recorded the information in Mukhbir Suchana Panchnama (Ex.P1) and in compliance with the provision contained in Section 42 of the Act, forwarded the information to the S.D.O. (Police), Kunkuri vide Ex.P2. He called witnesses and thereafter reached the spot along with the witnesses and supporting staff. After sometime, the said Tata Indigo Car reached the spot. The car was stopped. The car was found being driven by Appellant Mohd. Guddu. Appellants Anupam and Pappi were found sitting in the rear seat of the car. He gave the Appellants notice under Section 50 of the Act vide Ex.P6 to P8. He obtained their consent for search vide Ex.P47 to P49. Nothing was found in bodily search of the Appellants. In search of the car, 19 packets of Ganja, total weight 20 Kgs., was found from below the front seat of the car, which was recovered from Appellant Mohd. Guddu vide Ex.P14. During further search of the car, 39 packets of Ganja, total weight 40 Kgs., was found from the dikki of the car, which was recovered from Appellants Anupam and Pappi vide Ex.P15. The Appellants did not have any document regarding legal ownership or possession of the recovered Ganja. Witness Gourishankar Shah (PW4) was called to weigh the recovered Ganja vide Ex.P35. On being weighed, total weight of the Ganja was found to be 60 Kgs. 1 sample packet of 500 Gms. was prepared from the Ganja recovered from Appellant Mohd. Guddu and 1 sample packet of 500 Gms. was prepared from the Ganja recovered from Appellants Anupam and Pappi. Both the sample packets and the remaining quantity of Ganja were sealed and a Specimen Seal Panchnama (Ex.P26) was prepared. During search of the car, two number plates were found out of which one plate was bearing registration No.UP 44 Z 4847. Papers relating to the car were also found. The number plates, the documents relating to the car, the car and 20 Kgs. of Ganja were seized from Appellant Mohd. Guddu vide Ex.P24. Remaining 40 Kgs. of Ganja was seized from Appellants Anupam and Pappi vide Ex.P25. Statements of witnesses were recorded on the spot and Dehati Nalishi was also recorded. After return to the police station, First Information Report (Ex.P55) was registered. The seized property was deposited in the Malkhana and acknowledgment thereof (Ex.P42) was obtained. Sample packets were sent to the Forensic Science Laboratory for chemical examination. FSL report is Ex.P61 which is positive. Information of the complete action taken was sent to the higher officer. It was also found during investigation that actual registration number of the seized car was UP 44 Z 4847, but a forged number plate bearing registration number OD 15 A 4847 was fixed in the car and the car was being driven by Appellant Mohd. Guddu. It was also found that owner of the car was Harish Chandra (acquitted accused). On completion of the investigation, a charge-sheet was filed. Charges were framed under Section 20(b)(ii)(C) of the Act against all the Appellants and additional charges under Sections 420 and 468 of the Indian Penal Code were framed against Appellant Mohd. Guddu. Against acquitted accused Harish Chandra, charges under Section 20(b)(ii)(C) read with Section 29 of the Act and Sections 420 and 468 of the Indian Penal Code were framed.

(3.) To rope in the accused persons, the prosecution examined as many as 11 witnesses. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt, pleaded innocence and false implication. No witness has been examined in defence. It was the defence of the Appellants that on 15.6.2016, Appellants Anupam and Pappi were going to Puri for tonsure ceremony of their 7 months' old child. On 16.6.2016, Dipesh Saini (PW11) and other 3-4 persons stopped their car. They deliberately snatched their cash and ornaments and they forcefully obtained their signatures on many papers.