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2009 Supreme(Chh) 118

D.R.DESHMUKH
GANGA SINGROULE ALIAS AKHILESH SINGROULE – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Shri Suryakant Mishra, Advocate, for the Appellant.
Shri Rakesh Jha, Dy. Government Advocate, for the State.

JUDGMENT

1. This appeal is directed against the judgment dated 22.06.2007 in Special Case No.1 /2007 by the Special Judge (under the N.D.P.S. Act), Bilaspur whereby the appellant was convicted under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act') and sentenced to rigorous imprisonment for five years and a fine ofRs.5000/- and in default of fine additional rigorous imprisonment for one year.

2, Brief facts are that on 20.12.2006 on receiving secret information that the appellant was storing huge quantity of ganja at his residence in Ward No.11, Chakarabhata, Sub-Inspector Arvind Dwivedi P WA proceeded to the house of the appellant after completion of the necessary formalities. After searching the house of the appellant, he seized 16 kilograms ganja from one jute bag and 2.650 kilograms ganja from a rexine bag. Seized ganja and samples of 500 grams and 200 grams ganja taken there from were sealed and kept in the Malkhana for safe custody. Later, on 22.12.2006 vide EX.P.15 the samples were sent to Forensic Science Laboratory for chemical analysis which opined vide EX.P.29 that the samples contained ganja. After completion of inv


















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