KULDEEP SINGH JAT Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under S. 374(2) of the Cr. P. C. against the impugned judgment and order passed by learned Special Judge (NDPS), Jabalpur in Special Case No. 20/2001 judgment dated 29-9-2003 whereby convicted the appellant under S. 8/20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act sentenced to undergo R. I. for 17 years and fine of Rs. 2 lacs in default whereof to undergo R. I. for 4years.

(2.) Briefly stated the facts of the case as unfolded before the trial Court that on 3-3-2001, Station House Officer C. R. Patel (PW- 7) on receiving information from informer that in truck No: PB-23/9265, Ganja after loading was to be transported from Vishakhapatnam to Rewa via Jabalpur. This information was recorded vide Ex. P. 6 and one Sanju Pandey was appraised of the information. Station House Officer proceeded in search and checked the track after making entry in daily diary vide Ex. P/22. On that day, truck did not come on particular place, therefore, Station House Officer returned back and also made entry to this effect in daily diary No. 128. Again, he received information from informer on 5-3-2001 and after completing required legal formalities, he proceeded in search and seizure of truck and loaded Ganja. Station House Officer with police force intercepted the truck in the night at 12.00-1.00 a.m. and after giving information about right of the appellant to be searched in presence of Gazetted Officer or Magistrate, upon consent given by the appellant, he and his truck was searched. In the truck. 1463.400 kgs. in 53 bags Ganja was found and same was seized. From each bags, two samples being 25 gms. were taken and sealed. Seized samples were sent to Forensic Science Laboratory and according to laboratory report, it was Ganja. Station House Officer returned back along with the appellant and seized Ganja and truck, to the concerned Police Station. In the Police Station, FIR was recorded. After examination of witnesses acquainted with the facts of the case and on completion of investigation, charge- sheet was filed against the appellant and other co-accused persons. Accused denied the charges, therefore, put to trial. They have not examined any witness in defence. Learned trial Court while acquitting co-accused Ramesh Kumar Gupta and Darshan Singh found prosecution case proved against the appellant Kuldeep Singh and convicted and sentenced him as indicated hereinabove.

(3.) Shri Surendra Singh, learned senior counsel canvassed only point for consideration by this Court that Ganja was seized from the possession of the appellant on 5-3- 2001 and that day according to the unamended Old Act i.e. Narcotic Drugs and Psychotropic Substances Act, 1985 under Section 20(i) of illegal possession of Ganja maximum jail sentence prescribed was five years and fine of Rs. 50,000/-, whereas learned trial Court has convicted the appellant under Section 20(b)(c) of the Act which was amended by Act 9 of 2001 by Section 7 and this amendment came into force w.e.f. 2-10-2001. In this provision, for commercial quantity the minimum sentence of 10 years which may extend to 20 years and fine of Rs. One lac which may extend to Rs. 2 lacs is prescribed. Learned senior counsel has placed reliance in support of his contention on Supreme Court judgment passed in cases of Soni Devrajbhai Babubhai v. State of Gujarat and others, AIR 1991 SC 2173 : (1991 Cri LJ 3135) and Tiwari Kanhaiyalal etc. v. The Commissioner of Income-tax, Delhi, AIR 1975 SC 902 para 6 (1975 Cri LJ 781) which reads as under :-