LAKHAN JAGAT S/O LACHHI JAGAT Vs. STATE OF CHHATTISGARH, THROUGH STATION HOUSE OFFICER, POLICE STATIONKUMHARI, DISTRICT- DURG (C G )

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 28.10.2010 passed by Special Judge (NDPS Act), Durg (C.G.) in NDPS Special Case No. 06/2007, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 5 years and fine of Rs. 7000/- with further default stipulations.

(2.) As per case of the prosecution, on 26.02.2007 at about 5:00 p.m., Incharge of Police Station- Kumahari namely Virendra Chaturvedi (PW-7) received an information from the informer that the present appellant has illegally kept contraband article ganja in his house for sale. This information was reduced in writing in Rojnamcha Sanha and the witnesses namely Banshi Nayak and Pratap Singh were summoned, thereafter, the information was recorded in register and the same was sent to the higher authorities. After completing all the formalities, the police officer along with other police personnel and independent witnesses reached to the spot and informed the appellant that he can be searched by any Gazetted Officer or Magistrate then he gave consent to be searched by the police officer. Thereafter, on search of his house, contraband article ganja was found in a plastic bag and tin drum. The total quantity of ganja was weighed and it was found to be 17 kg. & 700 grams. Two samples each of 50-50 grams were separated from the articles and marked as A-1 & A-2 and sealed. All the information regarding seizure and search were sent to the higher authorities and seized articles were kept in Malkhana of the said police station. The samples were sent for chemical examination to Forensic Science Laboratory where test of ganja was found positive. The appellant was charge-sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-