RANU Vs. STATE OF CG

JUDGEMENT

(1.) IN this appeal, the appellants have assailed their conviction under Section20(b)(ii)(C) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the sentence of rigorous imprisonment for 10 years and a fine of Rs.1 lakh each and in default to undergo rigorous imprisonment of two years awarded by Shri R.S.Sharma, the then Special Judge, Jagdalpur in Special Case No. 17/2003 vide judgment dated16th Sept. 2003.

(2.) THE factual matrix, in brief, is that upon receiving secret information that the appellant-Ranu had, with the assistance of 5-6 persons kept contraband ganja in plastic bags in his house, Station House Officer Alim Khan RW.7 of Police StationNagarnar, after recording the said information vide Ex.P. 1 and also the reasons for not obtaining a search warrant vide Ex.P.23 and informing the Additional Superintendent of Police, Jagdalpur vide Ex.P.24, proceeded to village Kumhli along with witnesses Sadhuram P. W. 1 and Mohd. Hafiz P. W.2. Upon reaching the house of the appellant, a notice was served on the appellant-Ranu informing him about the secret information received. Search of the house was conducted. As shown in the map Ex.P.26,10 bags were found inside one of the rooms of the house of the appellant-Ranu. On weighment, it was found to be 1 quintal 3 Kgs. and 360 gms. Two samples of 30 grams of each were taken from each bag and were sealed. Remaining bags were also sealed. Seizure memo Ex.P. 14 was prepared. Upon information received from the appellant-Ranu, Sonamani P.W.3, daughter of appellant-Ranu and Smt. Chanderbati P.W.4, wife of the appellant-Ranu, the remaining co-accused were also apprehended on the same day mJadigudapara Markel at 5.50 P.M. and from their possession one bamboo Kanwad (a piece of bamboo used to balance the bags carried at both ends by balancing the bamboo on the shoulder) and rope were seized from each of the five appellants i.e. appellants No. 2 to 6. The sample packets as also the remaining 10 bags of ganja were entrusted for safe custody at the Malkhana of P.S. Nagarnar to Head Constable Jankush Toppo P. W.6 who entered the details in Malkhana register Ex.P.27. The five Kanwads and rope recovered from the appellants No.2 to 5 were also entrusted and entered in Malkhana register Ex.P.21 A (C). On 22.4.2003 vide memo Ex.P.36 of the Superintendent of Police, Jagdalpur, 10 sample packets marked as "A to J" were sent for chemical analysis to the Forensic Science. Laboratory, Raipur through Constable No. 76 Linus Kujur. The sample packets were received on 24.4.2003 at the F.S.L. Vide report Ex.P.38, it was opined that all the ten sample packets contained ganja. After completion of investigation, the appellants were prosecuted under Section 20(b)(ii)(C) read with Section 29 of the Act.

(3.) SHRI B.P.Gupta, learned counsel appearing for the appellants No. 1 to 3 assailed the impugned judgment on the ground that it was not established that ganja was seized from the conscious possession of appellant-Ranu. It was also argued that non-compliance of sub section (2) of Section 42 of the Act by Sub- Inspector Alim Khan P.W.7 vitiated the prosecution. It was also contended that the independent witnesses Sadhuram P.W.1 and Mohd. Hafiz P.W.2 did not support the prosecution story and the appellants No.2 and 3 could not be convicted merely on the basis of the exculpatory statement given by the family members of the appellant-Ranu.