SOMARU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is filed under sec. 374(2) of Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dtd. 11/09/2001 passed by Special Judge, (N.D.P.S. Act) Bastar, Place Jagdalpur in Special Case No.19/2001; whereby the appellant Somaru Ram stands convicted and sentenced as under:- <FRM>JUDGEMENT_146_LAWS(CHH)11_2019_1.html</FRM>

(2.) Case of the prosecution in brief is that on 30/03/2001 Sub Inspector Rajesh Kumar Dubey of Police Station Narayanpur received a secret information that two persons with Ganja are travelling in a Bus going from Kondagaon to Pratappur. After recording the said information in the Rojnamchasanha he apprehended Nayan Kumar and Kishan and on interrogation they disclosed that they have brought Ganja from Samaru Ram and Ramlal of village Timnar. On this Rajesh Kumar Dubey, Sub Inspector alongwith Police staff went to village Timnar after recording the departure in the Rojnamchasanha to the effect. Notice (Ex. P-1) under sec. 50 of the Act was given to the accused before search of his house that he may get the search through Gazetted Officer or the Magistrate or by him (Rajesh Kumar Dubey). The accused consented for search by the Police vide Ex. P-3. Thereafter, Rajesh Kumar Dubey, Sub Inspector gave search of himself and the Police Staff by the accused by Ex. P-4. After search of the house of the accused, 35 KG Ganja was recovered vide Ex. P-5. Identification Memo of the Ganja was prepared vide Ex. P-7. Out of the said Ganja 2 samples of 80 grams were drawn and sealed. The seized Contraband was deposited in Malkhana through Head Constable Chitram Thakur and acknowledgement was obtained vide Ex. P-16. The accused was arrested, FIR Ex. P-13 was registered under Crime No. 40/2001 and the information regarding the entire proceedings was forwarded to the Special Court, Jagdalpur and CSP, Jagdalpur the samples were sent for Chemical Examination to FSL Raipur from where report Ex. P-24 was received confirming the Contraband to be Ganja. After completion of investigation charge sheet was filed against the accused/appellant under sec. 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act.

(3.) The Trial Court framed charge against the accused/appellant under sec. 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act. The accused/appellant denied the charge and prayed for trial.