IMPORTANT POINT
The main legal point established is the importance of strict compliance with procedural requirements under the NDPS Act, the inadmissibility of statements recorded under Section 67 without corroborative evidence, and the need for proper disposal and sampling of seized substances.

JUDGMENT :

Arvind Kumar Verma, J

Heard.

1. Since all the appeals have arisen out of one and same judgment dated 15/03/2023 passed in Special Criminal Case No. 88/2018 by the learned Special Judge (NDPS Act), Raipur (C.G.) and since common question of fact and law is involved in all the appeals, they have been heard together and are being disposed of by this common judgment.

2. These criminal appeals preferred under Section 374(2) of the Cr.P.C are against impugned judgment of conviction and order of sentence dated 15/03/2023 passed in Special Criminal Case No. 88/2018 by the learned Special Judge (NDPS Act), Raipur (C.G.), whereby the appellants have been convicted and sentenced as under:-

3. Case of the prosecution in brief is that on 23.06.2018 at 11:00 am, K.V.L. Narasimham, D.R.I. Office of Intelligence Officer, Nagpur (henceforth ‘the IO’) got an information from the informer that a truck bearing serial number - C.G. -07/CA-5727 transporting Ganja from Odisha to Milan. He gave the above information to his senior officer Mr. A.K. Pandit in writing, who gave the said information over phone to Mrs. Vandana, Deputy Director, D.R.I. and, after being verbally ordered by Mrs. Vandana, to take action, A.K. Pandit, Superintendent, CGST, IO- K.V.L. Narasimham and Chandraparakash along with staff proceeded to Raipur. After reaching, they asked two independent witnesses i.e. Shobhraj @ Som Sonwani and Gowrishankar Jangde to become witnesses. They were informed about the information of the informant. Subsequently, at about 09:30 pm, truck No. CG-07/CA-5727 was intercepted. The truck driver was informed about the information of informant and the witnesses were introduced to him. The truck driver named his name as K. Dharmarav and the persons sitting inside the truck were named as Surjeet Singh Randhawa and Avtar Singh.

4. On being inquiry made, the persons told them about transporting of dry coconut. On being asked about transportation documents, they stated non-availability of documents. When they were asked about transportation of Ganja, initially they denied but after interrogation, they admitted about transportation of Ganja. They stated that the Ganja has been kept in HDPE (Plastic Bag) beneath the bags of coconut. Subsequently, the alleged Cargo truck was brought to CGST Office, CGST Building, Dhamtari, Raipur and labors were called for unloading the material. On Search HDPE (plastic Bags) were found in the truck and the pungent smell was coming out of those bags. Subsequently, the truck was taken to Weigh Bridge (Dharmkata), Dhamtari Road, Raipur. In front of Panch, appellants and GST Officer, the said truck was weighted to 17355 Kg. The weight of HDPE (Plastic Bags) was found to 6545 Kgs as per the computerized slip in relation to which Ex.P/3 is a document.

5. After completing the above proceeding, they came back to CGST Building and the HDPE (Plastic Bags) were counted in front of Panchas and appellants, which were 170 in numbers. The bags were sealed. On the basis of the informant’s information received by the Investigation Officer and the confession of the three accused, the said substance weighing 6545 Kgs appeared to be Gan