The prosecution must prove possession of narcotics beyond reasonable doubt, and procedural lapses do not automatically invalidate a conviction if credible evidence supports the case.

Judgment :

(Ramesh Sinha, CJ.)

1. Today, though the matter is listed for hearing on I.A.No. 02/2023, which is an application for suspension of sentence and grant of bail to the appellant, however, with the consent of learned counsel for the parties, the appeal is heard finally.

2. The present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the impugned judgment of conviction and sentence dated 17.07.2023, passed by learned Special Judge under Narcotic Drugs and Psychotropic Sustances Act, Kawardha, District - Kabirdham (C.G.) in Special Criminal Case under the NDPS Act No. 403/2020 whereby the learned Special Judge has convicted the appellant for the offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced him to undergo rigorous imprisonment for 11 years with fine of Rs.1,00,000/- in default of payment of fine, additional R.I. for one year.

3. The prosecution case, in brief, is that on 01-02-2020, Assistant Sub-Inspector Panchram Verma posted at Police Station Chilpi received information from an informer that the driver of a Ford Fiesta car number CG-04 DR-9700 was illegally transporting narcotic substance ganja from Raipur to Jabalpur on Raipur-Jabalpur Highway NH-30 Main Road. On finding out that the said informer’s information was reliable, witnesses were summoned by making an entry in Diary Sanha No. 19 Ex.P.-32 about the information. Constable No. 763 Hridayesh Singh was served notice and sent to Chilpi town to bring witnesses Mahendra Das Manikpuri and Jot Dharwaiya along with him. Constable No. 763 Hridayesh Singh served notice to witnesses Mahendra Das Manikpuri and Jot Dharwaiya and brought them to the police station. Witnesses Mahendra Das Manikpuri and Jot Dharwaiya were made aware of the informer's information and an informer's panchnama Ex.P.-02 and a panchnama Ex.P.-03 for not being able to obtain search warrant were prepared in their presence. Constable No. 115 Kaushal Dindore was issued a duty certificate Ex.P.-26 and under Section 42 of the NDPS Act, the SDOP office Bodla was informed about the informer's information and to be present at the spot. Thereafter the investigator along with constables and witnesses along with the investigation material went in front of Chilpi police station for raid whose dispatch was recorded in the police station's diary number-23 Ex.P.-36.

4. A blockade was put up on both sides of the main road NH-30 in front of the police station. After some time, a Ford Fiesta car bearing registration number CG-04 DR-9700 was seen coming from Bodla as per the information provided by the informer. It was stopped and the name and address of the person inside the vehicle was asked. The suspect in the vehicle was made aware of the information provided by the informer and a consent form for the search Ex.P.-04 was prepared in front of witnesses and on obtaining the consent, a consent panchnama Ex.P.-05 was prepared in front of witnesses. The accused travelling in the vehicle was made aware of the informer's information in front of witnesses and before searching the accused, the investigator got himself and his accompanying staff searched. No objectionable material was found in the said search. Then, when the said vehicle Ford Fiesta car number CG-04 DR-9700 in the possession of the accused was searched as per the proper vehicle search panchnama Ex.P. 10 under the NDPS Act, a total of 40 packets of ganja-like narcotic substance wrapped in khaki coloured tape were found in a box made behind the rear seat of the vehicle and in the rear trunk of the car, which were recovered as per the recovery panchnama Ex.P.-11. The 40 recovered packets were opened and a small quantity of substance was taken out from them and on examining it by looking, smelling, rubbing and burning in small quantity, it was found to be ganja and a narcotic su