RAJU TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 11.02.2011 passed by Special Judge (NDPS Act), Durg (C.G.) in NDPS Special Case No. 03/2006, wherein the said court convicted the appellant for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 4 years and fine of Rs. 5000/- with further default stipulations for having possession of contraband article ganja to the tune of 8 kg. on 27.01.2006 at 20:30 O'clock at Bus Stand- Dondi Lohara.

(2.) As per case of the prosecution, on 27.01.2006, In-charge of Police Station- Dondi Lohara namely Vipin Rangari (PW-7) received information that the appellant is having possession of contraband article ganja and is going towards bus stand of Dondi Lohara. One Panchnama about the information was prepared and the same was given to superior officer, thereafter, independent witnesses were called and Investigating Officer reached to the spot with police personnel and independent witnesses. After search, the appellant was found in possession of contraband article ganja. Two samples of 25 grams each were separated and the same was sealed. Rest of the article was also sealed. After all the legal formalities, the appellant was charge-sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-