SANJAY CHAURASIYA Vs. STATE OF M P

JUDGEMENT

(1.) These appeals have been filed by the appellant under Section 374(2) and Section 454 of the Cr.P.C. respectively being aggrieved by order dated 7.11.2008 passed by learned Special Judge, NDPS Act, Rewa in Special Case No. 14/2007 whereby the appellant has been convicted under Section 20(b)(ii)(A) of the NDPS Act and sentenced to R.I. for 1 month and 20 days (period already undergone) with fine of Rs. 10,000/- and in default of payment of fine, R.I. for further 3 months and Maruti Car of the appellant has been directed to be confiscated.

(2.) The facts, in short, giving rise to these appeals are that on 1.7.2007, S.K. Shukla (PW-10), Sub Inspector and SHO, P.S. Dabhoura received a secret information, which was reduced in writing at Raznamchasana, sent the information of making raid to his superior officer SDOP and proceeded to confirm the secret information. He made search of co-accused Vinod Chand Verma (since acquitted) after giving him opportunity of being searched before Gazetted Officer and seized the contraband (Ganja) from Vinod Chand Verma. During the aforesaid proceedings, Vinod Chand Verma made a disclosure statement that he concealed 225 gram Ganja in the vehicle U.P.72A-3777 owned by the appellant. Aforesaid statement was recorded as memorandum statement (Ex.P-13), thereafter the aforesaid vehicle was searched after taking the consent of appellant vide Panchnama (Ex.P-2) and 225 gram Ganja was seized from the vehicle. Seizure memo (Ex.P-5) has been prepared. Samples of 50-50 gram each of the seized contraband, has been prepared. Panchnama of aforesaid sampling (Ex.P-11) has been prepared. It is alleged that during the search of aforesaid vehicle, appellant Sanjay Chourasiya made a disclosure statement in regard to contraband and same was recorded as (Ex.P-14). After completing the aforesaid formalities, a crime has been registered vide FIR (Ex.P-38), samples of seized contraband were sent to FSL, Sagar through Supdt. of Police vide memo (Ex.P-39) and as per the report of Asst. Chemical Examiner (Ex.P-40), the samples which were sent for chemical examination, were found to be Ganja.

(3.) The appellant and co-accused were charge sheeted before Special Judge, NDPS Act, Rewa. Learned Special Judge framed charges under Section 8 read with Sections 20(b)(ii) (B), 29 of the NDPS Act.