AVINASH SINGH RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The aforesaid two appeals are directed against the impugned judgment of conviction and order of sentence dtd. 20/12/2013 passed by the Special Judge, (NDPS) Act, 1985, Mahasamund, Chhattisgarh in Special Criminal Case No.06/2013, whereby and whereunder, each of the appellants have been held guilty for commission of offence under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short "the Act") and sentenced, as described below- <FRM>JUDGEMENT_103_LAWS(CHH)9_2019_1.html</FRM>

(2.) The prosecution story, as revealed from the impugned judgment and records of the case is that upon receipt of information by the informant regarding illegal trafficking of contraband (ganja) on 13/12/2012, the police arranged trap of the informed vehicle and it is said that when vehicle was intercepted and searched, total quantity of 182 KG of ganja was found in the vehicle, which was being driven by the appellant-Nand Kumar Kosre and other appellant-Avinash Singh Rajput was found in the said vehicle. According to the prosecution case, notice under Sec. 50 of the Act was given to both the appellants and after they having accorded their consent to get searched by the intercepting police officers, search was carried out and in the vehicle, ganja was found. Further case of the prosecution is that thereafter, a panchnama of identification was prepared, weighment machine was brought and weighment was conducted and after mixing the entire quantity, four samples were taken out and the quantity as well as samples were sealed and thereafter, taken to the police station, FIR was registered and the appellants were arrested. Further case of the prosecution was that the seized quantity of ganja and the samples drawn therefrom at the spot, were duly deposited in the safe custody of the Police Station and later on, two out of four samples were taken to the Forensic Science Laboratory by one Police Officer. Upon analysis being carried out, the Forensic Science Laboratory gave report that the sample was ganja. On that basis, upon completion of usual investigation, charge sheet was filed and the appellants were charged for commission of offence under Sec. 20(b)(ii)(C) of the Act on the allegation that they were found carrying 182 KG of ganja and illegal possession of the same. The appellants having abjured guilt, they were put to trial. In order to prove its case, the prosecution examined witnesses of seizure, Police Officer, Investigating Officer as well as the witnesses of weighment. The appellants were examined under Sec. 313 of Cr.P.C. in respect of incriminating evidence and circumstances appearing against them in the evidence led by the prosecution. Defence was taken by the appellant-Nand Kumar Kosre that he was driver of the vehicle and while returning from college, he went to watch strike of Shiksha Karmi along with Avinash, Co-accused, as the vehicle contained black glasses, the police took action, prepared challan and demanded money. As they were not having sufficient amount, dispute arose and false case was registered against them. Other appellant-Avinash took similar defence. The appellants also examined two defence witnesses.

(3.) Learned trial Court, however, relying upon the evidence led by the prosecution, particularly the evidence of seizure of contraband, evidence of spot inspection, weighment, safe custody, drawl of sample, sanction and the positive report of Forensic Science Laboratory and disbelieving defence version, held the appellants guilty of commission of offence. As the appellants were held guilty of being found in illegal possession of commercial quantity of ganja, jail sentence of 20 years was imposed upon the appellants.