DAYALU KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 26-8-2011 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") Bastar, at Jagdalpur, Dist. Bastar (CG) in Special NDPS Case No. 47 of 2010, wherein the said Court has convicted the appellant for commission of offence under Section 20 (b)(ii) (c) of the Act, 1985 and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/- with default stipulations.

(2.) As per version of prosecution, on 11-9-2010, Sub Inspector K.D. Singh (PW/5) of Out-post Bakawand received information from Mukhbir that one person having worn a cream colour half shirt and the lungi of brown and black colour keeping Ganja in a polythene pack is coming from Bhaisaboda to Pithapur. The said Information was recorded and two independent witnesses were called. Information was sent to higher authorities, thereafter the Police Officer rushed to the spot along with independent witnesses and police personnel. The said police officer informed the appellant about his right to be searched by Gazetted Officer or Magistrate but he opted to be searched by this Police Officer. After legal formalities he was searched and search in one cover kept by him contraband article Ganja was seized. It was weighed and found to be 21 kgs. The matter was reported and after completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant would submit as under.