P. Diwaker J.

1. This appeal has been preferred against the judgment and order dated 24.3.2011 passed by the Special Judge, (Narcotic Drugs and Psychotropic Substances Act, 1985), Dhamtari in Special Criminal Case No.5/10 holding the accused/appellant guilty under Section 20 (B) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentencing him to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.1,00,000/-, in default of payment of fine to further undergo RI for 5 years.

2. Facts of the case, in brief, are that on 15.3.2010 at about 2.45 p.m. while on patrolling duty PW-6 P.K. Soni received a secret information that two persons are coming from the side of Orissa and going towards Raipur in a blue colour Maruit Car with narcotic substance. On receipt of the said information, the said car was intercepted by the police at Mohandi Kamarpara Main Road and accused/appellant was apprehended and another was managed to flee. The accused/appellant was informed that as per secret information received, the police had information about narcotic substance being carried by the person corresponding to his description. On inquiring his name, the accused informed that his name is Rajendra Singh. The accused was given a written memo in compliance of the provisions of Section 50 of the NDPS Act. PW-6 also informed the accused that as per the secret information he wants to search him and if he prefers that he should be searched in presence of a gazetted office or magistrate, he would make arrangement for the same but the accused did not opt for that and informed PW-6 that he may be searched by him. Thereupon, PW-6 searched the accused/appellant herein and the said car and thirteen plastic bags & jute bags containing contraband were found beneath the back seat of said car. On preliminary examination, the substance recovered was found to be 'ganja'. Thereafter, one Krishna Kumar Patel was called for weighing the contraband and on weighing the same, it was found that the contraband recovered from the accused/appellant is 120 kilogram. Thereafter, two samples of 50 grams each of ganja were taken and sealed separately. The accused/appellant was given notice under Section 91 CrPC to produce the documents showing valid possession of the contraband but he failed to produce any documents and did not give any satisfactory answer. The accused also failed to show any document relating to ownership of the vehicle in question and therefore the same has been seized vide seizure memo Ex.P-15. Un-numbered FIR was registered on the spot itself. The accused/appellant was formally arrested and brought to the police station where numbered FIR (Ex.P-21) was registered against him. Intimation was sent to the Sub Divisional Officer (P) vide Ex.P-23. Seized articles were sent for chemical examination to the Forensic Science Laboratory on 17.3.2010, which was received by FSL on 19.3.2011 and from where report of Ex.P-26 was received on 14.7.2011. After completing investigation, challan was filed by the police for the offence under Section 20 (B) of the NDPS Act.

3. In order to establish the guilt of accused/appellant, the prosecution has examined seven witnesses. Statement of accused/appellant was also recorded under Section 313 Cr.P.C. in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.

4. After hearing counsel for the parties, the Special Court has convicted and sentenced the accused/appellant for the offence as mentioned above. Hence this appeal.

5. Heard counsel for the parties and perused the material available on record including the impugned judgment.

6. Counsel for the appellant submits that;

no independent witness was joined, despite availability, and, as such, the case of the prosecution becomes doubtful.

the samples of contraband were deposited with the FSL after a delay of two days and as such, the possibility of tampering with the same, u