SURAJ SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 20-02-2015 passed by the Special Judge [under Narcotic Dugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act)], Durg (C.G.), in NDPS Case No. 15/2014 convicting the appellant for the offence under Section 21(B) of the NDPS Act and sentencing him to undergo R.I. 08 years along with fine Rs.25,000/- with default stipulation.

(2.) The case of prosecution in brief is this that on 27.07.2014, Sub- Inspector- B.R. Bisan (PW-5) received one information that the appellant/accused is in possession of brown sugar and trying to sell it. One information panchnama was recorded in Station House Diary vide Ex.-P/18. The intimation regarding the same was sent to the City Superintendent of Police vide Ex.-P/4, regarding which entry was made in the Station House Diary vide Ex.-P/19. Two witnesses were summoned regarding which entry was made in the Station House Diary vide Ex.-P/20. As he had no time to obtain search warrant therefore, he proceeded to the spot along with team of raiding party, regarding which entry Ex.-P/24 was made in the Station House Diary. The appellant was found on the spot who was caught and served with a notice Ex.-P/6 under Section 50 of the NDPS Act. The appellant then gave consent to be searched by S.I. B.R. Bisan (PW-5). Firstly the members of the raiding party and the witnesses were searched by the appellant vide panchnama Ex.-P/7, which was without any result. Thereafter, the person of the appellant was searched and he was found in possession of one polythene bag kept in the right pocket of his jeans pant, containing 34 small packets which contained brown sugar powder. The search memo was prepared vide Ex.-P/8. The S.I. B.R. Bisan (PW-5) then tested the powder inside the packets by smelling and burning and identified it as brown sugar vide Ex.-P/9. The recovery panchnama Ex.-P/10 was recorded on the spot. The contents of all the packets were then taken out and a homogeneous mixture was prepared vide Ex.-P/11. The weightment procedure was carried out, firstly, the balance was verified vide Ex.-P/2. Mohit Jain (PW-1) conducted the weightment procedure and it was found that all the 34 packets containing the powder weighted 36.53 grams. After taking out the brown sugar from all the packets, it was found to be of weight 17.25 grams along with the weight of the paper on which the brown sugar was kept. Subsequent to that, it was found that excluding the weight of the paper the weight of the contraband was 15.19 grams, vide Ex.-P/3. All the articles were seized vide Ex.-P/12. A seal panchnama of the seal which was used in packing and sealing of the articles was prepared vide Ex.-P/13. The spot map was prepared vide Ex.-P/34. Thereafter, an unnumbered FIR (Ex.-P/7) was lodged on the spot. After returning to the police station the seized brown sugar was handed over to Shankar Prajapati (PW-3) for keeping the same in safe custody. The numbered FIR (Ex.-P/29) was separately recorded. The statement of the witnesses were recorded and on completion of the investigation, charge-sheet was filed against the appellant.

(3.) The appellant was charged with offence under Section 21 (B) of NDPS Act, to which he denied and prayed for trial. On completion of prosecution evidence the appellant was examined under Section 313 of Cr.P.C., in which he denied all the incriminating evidence against him and pleaded innocence and false implication. No witness was examined in defence.