2024:CGHC:27742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1297 of 2003  Satyawati W/o Guruwari, aged 26 years, R/o Near Station Chouk, Ward No-11, Kumhari, Chowki, Kumhari, District – Durg (C.G.)

... Appellant versus  State of Chhattisgarh ... Respondents For Appellant : Ms. Sangeeta Mishra, Advocate For Respondent : Mr. Khulesh Sahu, Panel Lawyer (Hon’ble Smt. Justice Rajani Dubey)

Order On Board

29/07/2024

1. This appeal arises out of the judgment of conviction and order of sentence dated 20.11.2003 passed by the Special Judge (NDPS Act, 1985), Durg (C.G.) in NDPS Special Case No.6/2003, convicting the accused/appellant under Section 8 (c), read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (in short “the Act”) and sentencing her to undergo RI for 03 years and to pay a fine of Rs.8,000/-, in default whereof to suffer additional S.I. for one year.

2. Facts of the case in brief are that on 13.04.2003, a secret information was received by PW-1 Naresh Patel, Station House Officer, Police Station – Kumhari, that accused/appellant of Ward No.11, Kumhari, was in possession of contraband article Ganja. The said information was reduced in writing in Rojnamchasanha vide Ex.P/17 and thereafter secret information Panchanama Ex.P/1 was prepared. The said information was forwarded to City Superintendent and departure of the constable was entered in Rojnamchasanha vide Ex.P/18. PW-1 along with staff proceeded towards the spot and the departure was mentioned in Rojnamchasanha vide Ex.P/19 and search panchanama without search warrant was prepared vide Ex.P/3. The accused/appellant was in her house. Notice under Section 50 of the Act was given to her, on which she consented orally in presence of witnesses for search of her house by Naresh Patel (PW/1) and accordingly panchanama (Ex.P/4) was prepared and the accused/appellant was allowed to make search of the police personnel and the witnesses, however, on such search being made, nothing objectionable was found from their possession. When search of the house of the accused/appellant was done, plastic bag containing substance like ganja was found in aluminum box, panchanama of which was prepared vide Ex.P/7. On the spot itself the contraband was got examined by the witnesses by way of smelling and tasting, and on the basis of their experience, they found it to be ganja vide Ex.P/8. Thereafter, contraband was weighed from which samples were separated from it and panchanama of the same were prepared vide Ex.P/11 and P/10 respectively. The samples and the remaining ganja were duly sealed. The panchanama of the sample seal was prepared vide Ex.P/9. The contraband article was seized from the accused/appellant vide seizure memo Ex.P/13. The accused/appellant was arrested and arrest memo was prepared vide Ex.P/14. The police party returned to police station and entry was made accordingly in Rojnamchasanha vide Ex.P/20 and a detailed report of the entire proceedings was made. The accused/appellant and seizure contraband article were brought to the police station Kumhari where FIR under Ex.P/15. FIR under Ex.P/16 was lodged in police station Bhilai – 3. The seized articles were deposited in the Malkhana vide Ex.P/21. Patwari prepared spot map vide Ex.P/23 and spot panchanama was prepared vide Ex.P/24. Statements of the witnesses were recorded. On 15.04.2003, the samples were sent to FSL for examination and a report was obtained by the FSL under Ex.P/25 and P/26, which confirmed the contraband to be ganja and thereafter a challan was filed against the accused/appellant under Section 20 (b) of the Act.

3. So as to hold the accused/appellant guilty, the prosecution examined

07 witnesses in all. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which she denied the circumstances appearing against her in the prosecution case, pleaded innocence and false implication.

4. The trial Court after hearing counsel for the respective parties a