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2022 Supreme(Chh) 97

RAJENDRA CHANDRA SINGH SAMANT, ARVIND SINGH CHANDEL
Momin Khan, S/o. Maangu Khan – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Appellants : Shri Pallav Mishra.
For the Respondent:Shri Sudeep Verma, Deputy Govt. Advocate.

JUDGMENT :

R.C.S. Samant, J.

1. This appeal has been preferred against judgment dated 24-01-2014 passed in Special Criminal Case No.11/2012 by the Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985) Mahasamund, Chhattisgarh convicting the appellants under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act, 1985') and sentencing them with R.I. for 20 years along with fine Rs.2,00,000/- with default stipulation.

2. The case of the prosecution, in brief, is this, that on 02-08-2012 Sub-Inspector Rajaram Yadav (PW-6) received a confidential information, regarding transport of contraband Ganja from Orissa in a vehicle. The witnesses were summoned. Mukhbir Suchana Panchnama (Ex.-P/19A) was prepared. As the police officer did not have time to obtain search warrant, he prepared panchnama (Ex.-P/20A) in compliance of Section 42 of the Act, 1985. Sub-Inspector Rajaram Yadav (PW-6) proceeded with his team and the witnesses to the spot at Banjari Naka Rehtikhol. A blockade was created. The suspected vehicle bearing registration No. 09 CC 4281 was stopped. The vehicle was occupied by three persons including the driver. Both the appe

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