RADHE SHYAM SHARMA
SEMADRI JENA – Appellant
Versus
STATE OF C. G. – Respondent
1. This appeal is directed against the judgment and order dated 25-01-2008 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Durg in Special Case No.11/2006. By the impugned judgment, accused/appellant Semadri Jena has been convicted under Section 20(b)(ii)(C) of the Act, 1985 and sentenced to undergo R.I. for 10 years and to pay fine of Rs.1,00,000/-, in default of payment of fine, to further undergo R.I. for 2 years.
2. The case of the prosecution, in brief, is as under:
On 30-05-2006, Assistant Sub-Inspector Mahadev Tiwari (PW-8) was posted in Crime Branch Police Station Bhatti, Distt. Durg. Rajeev Shrama (not examined) was posted as Incharge of the Crime Branch. On that day, Crime Branch Incharge Rajeev Sharma received an information from mukhbir that the appellant is selling illegal Ganja at Balaji Nagar Khursipar. Rajeev Shanna entered the information in rojnamcha sanha No. 1781 (Ex.-P/20C), prepared mukhbir suchna panchnama and transmitted the said information to City Superintendent (Police), Chhawani vide Ex.-P/18C and he requested to proceed for raid without search warrant. He called witnesses. Therea
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