SURENDRA RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 24.07.2001 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the NDPS Act, 1985'), Bastar at Jagdalpur in Special Criminal Case No. 8/2001, wherein the trial Court convicted the accused/appellant under Section 20 (B) (1) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 2500/-, in default of payment of fine, to further undergo rigorous imprisonment for four months.

(2.) Case of the prosecution in brief is that on 01.01.2001 Sub Inspector Krishna Pandey (PW-1) was carrying out routine checking of vehicles. At the same time, the appellant was coming towards police station on scooter bearing registration No. M.P.23 Y.A. 4405 crossed them with high speed and escaped from there, immediately Sub Inspector Krishna Pandey (PW-1) send a message on wireless to near Police chowki at Tadoki for search and stop the vehicle. The police party of Tadoki Chowki stopped the appellant and informed him, then Krishna Pandey (PW-1) went there along with staff and returned to police Station Raoghat with the appellant. Krishna Pandey (PW-1) suspected that the appellant was carrying contraband and he wanted to search him. He informed the appellant of his right for search by any Gazetted Offer or Executive Magistrate or he can be searched by him. He issued notice Ex.P-1 to the appellant and he consented to be searched by him vide (Ex.P-11). He searched the appellant and Ganja like substance was found in the right side of dickey of scooter. In presence of independent witnesses he prepared talashi Panchnama as per Ex.P-3. After searching he was found to be in possession of Ganja in two packets of polythene. The seized Ganja was measured and found to be 4.900 Kgs. Two sample of 50-50 grams were separated from the said articles and sealed in the presence of witnesses and rest of Ganja was sealed in different packet. Seized articles were handed over to In-charge of Malkhanan of the said Police Station who was Constable Laxmi Narayan Shukla. The applicant was arrested. FIR Ex.P-14 was registered against him. Seized articles were sent for examination to Forensic Science Laboratory, Raipur for chemical examination under Ex.P-18 where after examination seized article is found to be Ganja under Ex.P-19. All legal formalities were performed by the Police Officers and the matter was investigated and the charge sheet was filed against the accused/appellants in the Court of Special Judge NDPS Act, 1985, wherein the Special Judge NDPS Act framed charges as mentioned above to which the appellant did not plead guilty. The Special Judge, NDPS Act, 1985 conducted the trial and after completion of evidence of the prosecution side, statement of the appellant under Section 313 of the Cr.P.C., was recorded and after completion of trial, the Special Judge considering the material available on record by the impugned judgment convicted and sentenced the accused/appellant as mentioned above.

(3.) Learned counsel appearing for the accused/appellants submits that there omissions and contradiction in the deposition of the witnesses. He submits the investigation officer does not fulfill all the mandatory provisions of the NDPS Act. He submits that the panch witnesses have not supported the case of the prosecution and they turned hostile and the statement of Investigation Officer does not corroborate from the statement of independent witnesses, therefore, the appellant may be acquitted of the charges.