IMPORTANT POINT
Confessional statements made to officers under the NDPS Act are inadmissible, and mere dock identification is insufficient for conviction.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 15-11-2017 passed by the Special Judge (NDPS Act, 1985), Dhamtari in Special Criminal Case No.5/2010, by which the sole appellant herein has been convicted for offence under Section 20(b)(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’) for having been found in possession of 120 Kgs. of Ganja along with co-accused Rajendra Singh Thakur @ Abhay (now convicted) and sentenced to undergo rigorous imprisonment for twenty years & pay fine of Rs.1,00,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for five years.

2. Co-accused Rajendra Singh Thakur @ Abhay was tried for offence under Section 20(b)(ii)(C) of the NDPS Act in Special Criminal Case No.5/2010 by the Special Judge (NDPS Act), Dhamtari and by judgment dated 24-3-2011, he has been convicted for the said offence and sentenced to undergo rigorous imprisonment for twenty years & pay fine of Rs.1,00,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for five years. However, on appeal preferred by him before this Court being Cr.A.No.150/2012, his conviction has been maintained and jail sentence has been reduced to ten years, while fine sentence has been enhanced to Rs.2,00,000/-, with default stipulation of rigorous imprisonment for five years. He has been released on 11-5-2023 after completion of his sentence.

3. Case of the prosecution, in short, is that on 15-3-2010 at 11:30 a.m., an information regarding two persons travelling with contraband article Ganja in a blue colour Maruti Car was received and accordingly, mukhbir panchnama was prepared by Pradip Kumar Sori (PW-6) vide Ex.P-1 and notice under Section 50 of the NDPS Act for search of person / vehicle was served to accused Rajendra Singh Thakur vide Ex.P-9. Panchnama with regard to search of police party was prepared by Pradip Kumar Sori (PW-6) vide Ex.P-10 and search memo was prepared vide Ex.P-11 on which 13 jute and plastic bags containing Ganja were found kept on the rear seat of Maruti Car. Investigation was made and panchnama with respect to identification of Ganja found in possession of accused Rajendra Singh Thakur was preapred vide Ex.P-12. Similarly, panchnama with respect to weight of Ganja was prepared vide Ex.P-8 and total weight of Ganja was found to be 120 Kgs.. Notice under Section 91 of the NDPS Act was given to accused Rajendra Singh Thakur vide Ex.P-18 and 13 bags (3 plastic bags and 10 jute bags) containing Ganja were seized from accused Rajendra Singh Thakur vide Ex.P-14. Maruti Car and driving license were seized from accused Rajendra Singh Thakur vide Ex.P-15. Dehati Nalshi was prepared vide Ex.P-20 and accused Rajendra Singh Thakur was arrested vide Ex.P-16. FIR was registered vide Ex.P-21 in which name of Rajendra Singh was mentioned as accused, however, it has been mentioned therein that one accused is absconding. Report under Section 57 of the NDPS Act was sent to the Sub-Divisional Officer of Police, Kurud, vide Ex.P-23C. Samples of the seized contraband article Ganja were taken on 17-3-2010 and same were deposited in the FSL, Raipur on 19-3-2010. Final report was prepared on 18-6-2010 in which present accused / appellant Dhani Ram Gond was found absconding. FSL report was prepared on 14-7-2010 vide Ex.P-26 in which the samples were found to be Ganja. After conclusion of trial, Rajendra Singh Thakur @ Abhay was convicted under Section 20(b)(ii)(C) of the NDPS Act and sentenced to undergo rigorous imprisonment for twenty years & pay fine of Rs.1,00,000/-, in default, to further undergo additional rigorous imprisonment for five years, which was later-on, modified by this Court in appeal by reducing jail sentence to 10 years and enhancing fine sentence to Rs.1,00,000/-with default stipulation.

4. The presen