IMPORTANT POINT
The prosecution must prove its case beyond reasonable doubt, especially in drug-related offenses, where compliance with mandatory procedures is crucial.

ORDER :

Ravindra Kumar Agrawal, J.

1. Both these appeals are arising out of the same crime number and the same sessions trial, therefore both are being heard and decided together.

2. Both these criminal appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and the sentence dated 21.10.2022, passed by learned Special Judge (Narcotic Drugs and Psychotropic Substances Act, 1985), Baikunthpur, District Koriya, Chhattisgarh, in Special Criminal Case No. 7 of 2020, whereby the appellants have been convicted for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as ‘NDPS Act’) and sentenced for R.I. for 10 years with fine of Rs. 1 lakh to each of the appellants, in default of payment of fine, further simple imprisonment for 6 months.

3. The case of the prosecution, in brief, is that on 01.03.2020, a secret information was received by the police of Police Station Patna, District Korea, that a white colour Scorpio vehicle bearing No. CG-16/CL-8964 coming from Surajpur to Baikunthpur having loaded with Ganja. The witnesses were being called and secret information Panchnama was prepared. The information regarding secret information was sent to the senior police officer, and thereafter, the police reached on the spot, and near Dakaipara Bypass, the vehicle of the appellants were intercepted. On being searched, the accused persons were found sitting in the vehicle, they disclosed their names, then the police party informed the appellants about the secret information. The notice under Section 50 of the NDPS Act was given to them and informed about their right to search, either by police persons, gazetted officer, or any Magistrate. The appellants have given their consent to be searched by the police party, and their consent were reduced in writing in Exhibit P-6, P-7 and P-8. The Panchnama regarding search without warrant was also prepared, which is Exhibit P-3. The Panchnama regarding secret information and seizure of the vehicle was also prepared, which is Exhibit P-4. Police party also gave their search to the accused persons, and Panchnama was of the same has also been prepared as Exhibit P-9 and P-10. The accused persons were separately searched by the police party and on being searched, from accused Kamlesh Jaiswal, cash of Rs. 1450/- has been seized from him. From accused Bahadur Ram Kurre, his Aadhar card, driving license, PAN card, ATM card of Axis Bank, cash of Rs. 640/- and two mobile phones have been seized. From accused Ramesh Kumar Dewangan, his driving license, cash of Rs. 280/- and one mobile phone have been seized. The key of the vehicle number CG-16/CL-8964 was also seized from Ramesh Kumar Dewangan and the Talasi Panchnama was prepared as Exhibit P-11, seizure memo was prepared as Exhibit P-12. On being searched of the vehicle, the alleged contraband ganja was found, which was in plastic packets and filled in 11 bags, and kept at middle and rear seat of the vehicle. The said contraband was seized vide seizure memo Exhibit P-13. When the accused persons were asked about the contraband ganja, which was kept in 280 packets in 11 bags, they disclosed that it was being transported from Sonpur, Odisha, for its sale, and the vehicle belongs to themselves and then the Panchnama with that effect was prepared vide Exhibit P-14. Seized contraband was identified by its smell, taste, and by burning and the identification Panchnama Exhibit P-15 was prepared. The witness for the weighment of the seized contraband ganja was called vide Exhibit P-16. The weighment apparatus was physically verified, and Panchnama was prepared to that effect vide Exhibit P-17. On being weighed, it was found total 292.800 kg which were kept in various packets and bags, and the weighment Panchnama was prepared vide Exhibit P-18. The details of the packets and bags, in which the contraband ganja was kept is given hereinbelow:-