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HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ., Ravindra Kumar Agrawal
Ambika Vishwakarma S/o Shivprasad Vishawkarma – Appellant
Versus
State of Chhattisgarh – Respondent
Judgment :
(Ramesh Sinha, C.J.)
1. Since the aforesaid two criminal appeals arise out of same judgment of conviction and order of sentence, they were clubbed & heard together and are being disposed of by this common judgment.
2. Appellant – Ambika Vishwakarma has preferred Criminal Appeal No.260/2021 and Appellant – Narayan Das has preferred Criminal Appeal No. 349/2021 under Section 374(2) of the CrPC questioning the impugned judgment of conviction and order of sentence dated 21.01.2021 passed by the learned Special Judge (NDPS Act), Surguja, Ambikapur, District – Surguja in Special Criminal (NDPS) Case No.04/2019, by which they have been convicted for offence under Section 21 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') and sentenced them to undergo rigorous imprisonment for 12 years and fine of Rs.1,10,000/- (each), in default of payment of fine to further undergo rigorous imprisonment for 3 years.
3. The brief case of the prosecution is that on 20.09.2018, the Investigating Officer Amit Gupta was posted as Sub-Inspector at Ambikapur Police Station. On 20.09.2018 at 19:10, Sub-Inspector Amit Gupta received information from an inf
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