SANJEET KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.5.2017 passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act'), Bilaspur in Special NDPS Case No.209 of 2014, whereby the Appellant has been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that on 31.5.2014 at about 8:00 p.m., Station House Officer N.L. Dhritlahre (PW7) received a secret information that a person, namely, Munna Kumar Singh alias Sanjeet Kumar Singh and his friend Reena Das alias Manali Das were carrying Ganja in the dickey of a car bearing registration No.CG 04 HA 4850 and were travelling in the car from Raipur to Pendra Road. He recorded this information in Rojnamcha Sanha (Ex.P12), prepared Mukhbir Suchana Panchnama (Ex.P13) and in compliance with the provision contained in Section 42 of the Act forwarded the said information to the higher officer and without obtaining a warrant proceeded towards the spot along with staff. He stopped the said car. The Appellant and Reena Das were present in the car. The car was being driven by the Appellant. He gave a notice under Section 50 of the Act to both the Appellant and Reena Das. Both of them consented to be searched by the police officer (Investigating Officer N.L. Dhritlahre). Thereafter, on being searched, 47.370 Kgs. of Ganja kept in 3 bags were found in the dickey of the car. After being weighed, weight panchnama was prepared. 2-2 samples each containing 100 Grams were prepared from each of the 3 bags and were sealed and marked as A1, A2, B1, B2, C1 and C2. After return to the police station, the sample packets and the remaining quantity of Ganja were deposited in the Malkhana. First Information Report (Ex.P20) was registered. Out of the 2-2 sample packets, 1-1 packets, i.e., A1, B1 and C1 were sent to the Forensic Science Laboratory for chemical examination. FSL report (Ex.P23) is positive. On completion of the investigation, a charge-sheet was filed against the Appellant and co-accused Reena Das for offence punishable under Section 20(b) of the Act. Charge was framed against them under Section 20(b)(ii)(C) of the Act.

(3.) To rope in the accused persons, the prosecution examined as many as 7 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. 2 witnesses, namely, Firturam Banware and Sunil Maldhani were also examined as Court Witness No.1 (CW1) and Court Witness No.2 (CW2), respectively.