RAMLAKHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 27.10.2015, passed by the Special Judge, (NDPS) Act, Raigarh, District- Raigarh (C.G.) in Special Criminal Case (NDPS Act) No. 19/2014, convicting the accused/appellant for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentencing him to undergo rigorous imprisonment for 2 years with fine of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for 3 months.

(2.) Case of the prosecution in brief is that on 31.10.2014, PW-8 Sub Inspector-G.R. Rathiya, received a secret information from the informant that one man aged about 22 to 24 years is carrying Ganja in bag and the appellant is coming from Odisa via train i.e. Hirakund Express, the said information was reduced into writing vide Ex.P-2, he informed superior authority vide Ex.P-15. Independent witnesses namely Shivprasad Tiwari and Kamal Sarkar were summoned vide Ex.P-1. The police party along with the witnesses went to the spot, apprehended the accused/appellant, gave him notice vide Ex.P-3 under Section 50 of the NDPS Act and made him aware of his legal rights, on which he consented to be searched by the police officer vide Ex.P-17. Personal search of the police party and the witnesses was also made by the appellant, on which nothing objectionable was recovered from them vide Ex.P-4. However, on search of the appellant being made from one bag containing Ganja like substance was recovered, it was identified as Ganja by smelling and burning. On weighment being done, it was found to be 2 Kg and two samples, each of 50 gms, were drawn from the said contraband and sealed vide Ex.P-5. The bags as well as the samples were seized and sealed vide Ex.P-6. FIR vide Ex.P-19 was registered against the appellant under Section 20 of the NDPS Act. The accused/appellant was arrested vide Ex.P-7. The remaining contraband was deposited in Malkhana. Samples were sent to FSL for chemical examination and as per the report of FSL Raipur, the seized contraband was confirmed to be Ganja vide Ex.P-22. After investigation, charge sheet was filed against the accused/appellant under Section 20 (b) of the NDPS Act. The trial Court framed charge under Section 20(b)(ii)(B) of the NDPS Act against the accused/appellant which was denied by him and he prayed for trial.

(3.) The prosecution examined 8 witnesses in support of its case i.e. PW-1 independent witness No.1 Kamal Sarkar, PW-2 Constable Haldhar Patel, PW-3 Head Constable Bhaskar Panigrahi, PW-4 Head Constable Shankarlal Sidar, PW-5 Head Constable- Manmohan Singh, PW-6 independent witness No.2 Shiv Prasad Tiwari, PW-7 Constable Shailesh Dhruw, PW-8 Sub Inspector- G.R. Rathiya. Statement of the accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the incriminating circumstances appearing against him in the prosecution case, pleaded innocence and false implication. However, no witness was examined by him in his defence.