SUSHIL KUMAR PALO,J. - (1.)This appeal has been preferred under section 374(2) of Cr.P.C., 1973, challenging the judgment dated 21/06/2011, passed by the Special Judge (under NDPS Act) Anuppur, in Special Case No. 11/10, wherein the appellant/Dhanram has been convicted for offence under Section 20-B(ii)(c) of the NDPS Act and sentenced to 10 years rigorous imprisonment with fine of Rs. 1,00,000/- and in lieu of fine, he has to undergo additional sentence of 2 years rigorous imprisonment.
(2.)The prosecution story in brief is that, Police Station, Bhalumada received an information from the informer on 03/05/2008 at about 11:00 am that, at Badka Tola, Payari No. 1 at the residence of appellant/Dhanram son of Babadeen Goutam business of contraband ganja is being done and last night a consignment of ganja has been received by a vehicle at the residence of the appellant in gunny bags which have been kept in the house, secretly. Assistant Sub-Inspector, C.P. Singh (PW/12) lodged Rojnamcha No. 130, directed the Head Constable, Upendra Tripathi to call the independent witnesses. Second Rojnamcha No. 131 was also lodged for obtaining search warrant from the learned JMFC, Kotma. Subsequently, Rojnamcha No. 132 was also lodged for the team left for research.
(3.)After receiving the search warrant with the help of independent witnesses, Kodulal Choudhary and Lalua Choudhary, A.S.I. C.P. Singh prepared a panchnama and sent to the Sub-Divisional Officer Police, Kotma and sent High Court of Madhya Pradesh constable, Sarad Passi. The team went to the house of the appellant at Village, Badka Tola, Payari No. 1. The house of the appellant was surrounded. The appellant was found in the house. Notice under Section 50 of the NDPS Act was served on him. He was also informed about the legal rights and also told that whether he wants the search to be conducted by the Magistrate or a Gazetted Officer and he also was intimated that, search warrant has been obtained from JMFC, Kotma. The appellant consented to carry out the search. Sahmati Panchnama (Ex. P/7) was drawn. ASI C.P. Singh and the staff along with the independent witnesses searched the house of the appellant. Before the search, the police officers and witnesses given their search to the appellant and Panchnama Ex. P/8 was drawn. Room beside the kitchen, near the backyard was locked from the outside. When the lock was opened, it was found that the room was filled with chaff. Inside the chaff, 13 bags containing ganja were found. The bags are of the size of cement bags. Talashi Panchnama Ex. P/9 was drawn. Every bag was then checked by physically seeing by smelling and by burning a small quantities and found it to be ganja. Panchnama Ex. P/10 was again drawn. The ganja in the 13 bags were weighed and was found in different quantities and the total quantity of ganja was 120 kilo-grams (i.e. one quintal and twenty kilograms). The weighing panchnama Ex. P/11 was drawn. The seized ganja was weighed in presence of the witnesses. 25 grams of ganja from each sample was taken and mixed and kept in 4 different plastic bags and the same were kept in cotton bags. With the help of a needle, the same were stitched. The ganja were kept in jute bags. The samples (samras) panchnama Ex. P/12 was prepared. These ganja bags were kept in jute bags and are also stitched and sealed. The articles A to M are ganja bags and Ex. P/1 to Ex. P/4 are the samples of ganja. Panchnama Ex. P/13 was again prepared. The sample packets were also seized vide Ex. P/14. The appellant had no license to keep the ganja, therefore, the appellant has committed the crime for offence under Section 20-B(ii)(c) of the NDPS Act. The appellant was arrested by arrest memo Ex. P/15. The information regarding his arrest was given to Vishnu Prasad Mishra, member Janpad. Panchnama drawn about his arrest intimation is Ex. P/16. The seized ganja sample and arrested accused along with staff and independent witnesses returned to the police station. Therefore, Rojnamcha No. 147 dated 03/05/2008 was drawn, which is Ex. P/41. The sealed packets were kept in police station Maal Khana for safety. Crime No. 114/08 was registered vide the FIR Ex. P/42. After due investigation, charge-sheet has been filed before the Special Court, NDPS, Shahdol. Spot map was prepared by the Patwari along with Khasra Panchshala and Panchnama certificate was also obtained from Sarpanch. The spot map Ex. P/19 was prepared. Two samples of the seized ganja was sent to the FSL, Sagar vide memo Ex. P/12 vide memo Ex. P/124 for chemical examination. The FSL report Ex. P/45 has been received that, the samples sent are found to be ganja.