JUDGMENT :

1. This appeal is directed against the judgment of conviction and order of sentence dated 01.09.2001, passed by the Special Judge (N.D.P.S. Act), Bastar at Jagdalpur in Special Criminal Case No. 33/2001 whereby the accused/appellants have been convicted under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act (in short “NDPS Act') and appellant No. 1 has been sentenced to undergo rigorous imprisonment for 1 year and 6 months and to pay a fine of Rs.3,000/-, with default stipulation, whereas appellant No. 2 has been sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 4,000/- with default stipulation.

2. It is pertinent to mention here that appellant No. 1 – Gautam Mandal had died during pendency of the appeal, therefore, the appeal so far as it relates to appellant No. 1 stands abated in pursuance of the order passed by this Court on 01.09.2021. 3. As per prosecution case, on 28.05.2001 Mr. R. S. Netam Sub Inspector, Bodhghat Police Bus stand Chouki received secret information from informant that a bus bearing registration No. M.P.24/9088 was coming from Kota to Durg, in which two persons are sitting and carrying contraband (ganja). The said information was reduced to writing in Rojnamchasanha vide Ex.P/25 and forwarded to the C. S. P. Jagdalpur, vide Ex.P-23.

4. The police party along with witnesses went to the spot, apprehended the accused persons, gave them notices (Ex.P-1 and Ex. P/2) under Section 50 of the NDPS Act and made them aware of their legal rights, on which they consented to be searched by R.S. Netam, Sub-Inspector vide Ex.P-3. Personal search of the police party and the witnesses were also made by the appellants and nothing was found vide Ex.P/4. On search of the bag which was in possession of the appellant No. 1 and one carton which was in possession of appellant No. 2 carrying Ganja like substance were recovered and on being examined by smelling and burning, it was found to be Ganja vide Ex. P-7. On weighment being done of the contraband, it was found to be 2.5kg from the possession of appellant No. 1-Gautam Mandal and 5kg from the possession of appellant No. 2 - B. Shekhar. Taul Panchanama Ex. P/8 and P/9 were prepared. Two samples, each of 24 gms, were drawn from the said contraband and seizure memo (Exs.P- 10 to 13) were prepared, the samples were duly sealed and kept in Malkhana and specimen of seal was affixed on the seizure memo vide Ex. P/14 and Ex. P/15. Mr. Netam, had asked both the accused persons regarding licence and gave them notice vide Exs. P/27 and P/28 but they both could not have the licence thereafter both the accused persons were arrested and spot map was prepared vide Ex.P-29. Intimation of the entire proceedings was forwarded to the C.S.P. Jagdalpur. After reaching police station, FIR (Ex.31) was registered against the appellants under Section 20(b) of the NDPS Act. The remaining contraband was deposited in Malkhana vide Ex. P/33, samples were sent to FSL for chemical examination, which was received by FSL on 28.08.2001 with intact seal and report of FSL is Ex.P-40, which confirms the seized contraband to the Ganja.

5. After investigation, charge sheet was filed against the accused/appellants under Section 20(B) of the NDPS Act. The Special Judge (N.D.P.S. Act) framed charge under Section 20(B) of the NDPS Act against them.

6. In order to bring home the guilt of the accused/appellants, the prosecution examined as many as 6 witnesses namely- Rampher Yadav (PW01), Seetaram (PW02), Jeevan (PW03), Guddu (PW04), S. R. Netam (PW05) and B. P. Joshi (PW06) and exhibited the documents Panchnama from Goutam Mandal (Ex. P/1), Panchnama from B. Shekhar (Ex.P/2), Consent for search by both the accused person (Ex.P/3), search of the Police Party (Ex. P/4) search of the accused Goutam Mandal (Ex. P/5), search of the accused B. Shekhar (Ex. P/6), Identification panchnama (Ex.P/7) Taul Panchanama (Exs. P/8& P/9), Seizure panchanama (Ex. P/ 10), propert