C A V Judgment

1. As both these appeals arise out of the impugned judgment of conviction and order of sentence dated 25.07.2023 passed by learned Special Judge (NDPS Act), Kondagaon, District- Kondagaon (C.G.) in Special Criminal Case (NDPS Act, 1985) No. 09/2019, whereby the appellants have been convicted for offence punishable under Section 20 (b) (ii)(C) of the NDPS Act and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1,00,000/-, in default, to further undergo rigorous imprisonment for 01 year., they are heard analogously and are being disposed of by this common judgment.

2. Brief facts of the case are that in the year 2019, Investigating Officer- Shishirkant Singh (PW-09) was posted as Sub-Inspector/Station House In- charge in the Police Station- Farasgaon, District- Kondagaon, on 14.01.2019 he received secret information from the informant that some persons in one White coloured Bollero Pickup Truck Bearing No. UP-70-FT-2373 were traveling and carrying contraband article ganja with them for illegal trade and are coming towards from Orissa and going to Raipur via Jagdalpur- Kondagaon. The aforesaid information was recorded in the Rojnamcha Sanha and informed the Senior Officer about the information and recorded the Secret Informer Information Panchnama vide Ex. P/24 and Non- Obtaining Search Warrant Panchnama vide Ex. P/36. Thereafter served notices under Section 160 Cr.P.C. to independent witnesses namely Sameer Khan and Piyush Pathak vide Ex. P/21 & Ex. P/22, he along with accompanying staff and witnesses, reached the spot and set up a blockade and prepared a Blockade Panchnama vide Ex. P/34. During the blockade, White Coloured Bollero Pickup Truck Bearing No. UP-70-FT-2373 coming towards from Orissa side was stopped in which three persons were found. On being interrogated, the driver disclosed his name as Punit Kumar Pandey and the persons sat next to him disclosed their name as Navneet Dubey and Deepak Kumar Gond. On being carefully investigating the said vehicle on the back side, they were carrying ganja sealed in 22 packets and were taped in brown coloured cello tape, which were kept in the brown chicks cartoon box. After giving notice under Section 50 of the NDPS Act to the accused persons for search vide Exs. P/36, P/37 & P/38 and their consent was taken as Exs. P/39, P/40 & P/41. After searching of police party vide Ex. P/8 and witnesses vide Exs. P/42, P/43, P/44, P/45 & P/46, search Panchnama was prepared.

3. After searching the said pickup truck in the presence of witnesses Panchnama vide Ex. P/46 was prepared, Recovery Panchnama was prepared vide Ex. P/47, which is found to be 22 packets of contraband article like ganja. The illegal narcotic substances ganja recovered from the vehicle owned by the accused persons was mixed together, some quantity of it was rubbed, smelled, sniffed and burnt and it was found that it contained narcotic substances and Identification Panchnama was prepared vide Ex. P/48. Notice under Section 67 of NDPS Act was given to the accused persons vide Exs. P/49, P/50 & P/51 for producing documents in relation to said contraband article ganja. The substance was found to be cannabis/ganja. Notice to weigher (taulkarta) Asfaq Ali was given vide Ex. P/54. Thereafter on being checked the electronic weighing machine brought by weigher, it was found to be correct. Physical verification of scales Panchnama was prepared vide Ex.P/55. On weighing, the illegal drug ganja recovered from the vehicle owned by the accused persons at the spot itself was found to be 106.964 KG and thereafter, narcotic substances weight Panchnama was prepared vide Ex.P/56. After which two samples of 50 grams each were taken out of the recovered ganja and and Samaras Panchnama was prepared. At the spot itself, 106.964 kg of narcotic ganja in the possession of the accused persons and two samples packets of 50 grams each prepared from it, 22 packets containing contraband article ganja kept in the veh