DURGESH SWEEPER S/O SURENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 27-7-2009 passed by the Special Judge (Narcotic Drugs and Psychotropic Substance Act, 1985) (for short, "the Act, 1985") District Janjgir Champa (CG) in Special Case No. 5 of 2009, wherein the said Court has convicted the appellant for commission of offence under Sec. 20 (b)(ii) (b) of the Act, 1985 and sentenced her to undergo rigorous imprisonment for seven years and to pay fine of Rs.5000.00 with default stipulations.

(2.) As per prosecution case, on 23-2-2009 Asst. Sub Inspector namely Ravichand Sai Paikra (PW/8) received confidential information from Mukhbir that one person is transporting contraband article Ganja in bag and is waiting for some other person at Baloda Bus Stand in front of Samrat hotel. He recorded the same in Panchnama and information was sent to superior officer. Two independent witnesses were called through notice and thereafter police personnel and other witnesses reached to the appellant where he was standing in front of Samrat hotel in possession of 5 kgs of Ganja which was seized. After completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) The appeal is preferred on the following grounds.