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HIGH COURT OF CHHATTISGARH, BILASPUR

CRA No.380 of 2014

• Monu @ Ajay Khatik S/o Kailash Khatik, Aged about 26 years, R/o

Lohangi Mohalla, Near Pani Tankie, District-Vidisha (M.P.), Civil &

Revenue-District-Vidisha-(M.P.)

---- Appellant

Versus

• The State Of Chhattisgarh, Through-P.S. Pailikhand (Jugad),

Distt.Gariyaband-(C.G

---- Respondent

and

CRA No. 381 Of 2014

• Udam Singh S/o Navneet Ram Ahirwar, Aged about 46 years, R/o

Khari phatak, Near Sindhi Aata Chakki, Vidisha (M.P.), Civil &

Revenue-District-Vidisha-(M.P.)

–---Appellant

Vs

• The State Of Chhattisgarh, Through-P.S. Palikhand (Jugad),

Distt.Gariyaband-(C.G.)

---- Respondent

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For the Appellants:Shri Suresh Tandon, Advocate in both the appeals.

For the State/Respondent :Shri Neeraj Sharma, Dy. Govt. Advocate.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant

Judgment on Board

07/11/2016

1. Both appeals are preferred from a common judgment passed in

Special Criminal Case No.33/2012 by Special Judge, NDPC Act,1985

Raipur on 04.09.2013 in which both the appellants have been

convicted under Section 20(b)(ii)(B) of NDPS Act, 1985 (for short 'the

Act') and sentenced to undergo RI for 5 years, along with fine of

Rs.5,000/-.

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2. ASI, Love Kanwar (PW-7) posted in PS-Payalikhand (Judad), received

information on 07.09.2012 from an informer, that two persons by

name-Udham Singh and Monu @ Ajay Khatik resident of Vidisha, are

carrying Ganja and travelling in a bus no.C.G. 04/E-2544. After

recording Panchanama and sending information to SDO Police,

Mainpur, Love Kanwar(PW-7) proceeded towards the main road of

Village-Jugad, on arrival of bus No.C.G. 04/E-2544 at about 7 a.m. in

the morning it was stopped, in which appellants of both the cases

were found travelling and having in their possession three bags.

Appellants along with their bags were apprehended and a notice

under Section 50 of NDPS Act (ExP/2) was given to them. Appellants

consented to be searched by the Police Officer present vide ExP/3.

The members of raid party and the witnesses were searched vide

EX-4 and Ex.P/5, in which no objectionable substance was found in

possession of them. Vide Ex-P/6 and Ex.P/7 bags in possession of

appellants in both the cases were searched, in which the packets of

narcotic substance looking like Ganja was recovered. A recovery

memo ExP/8 was recorded separately in presence of appellants and

witnesses, the contents of packets were identified vide Ex.P/9 to be

narcotic substance Ganja. The contents of packets were taken out

and mixed vide memo ExP/10 and Ex.P/11. A weighment punchmama

was carried out of the articles recovered from both the appellants

separately vide Ex.P/13 and Ex.P/14. 19.200kg Ganja was found in

possession of appellant Udham Singh and 17.200kg Ganja was found

in possession of appellant Monu @ Ajay Khatik. Appellant in both the

cases were searched further vide memo No.Ex-P15. Narcotics

substance recovered from each appellant, was packed and sealed

vide Ex.P-16. Articles was seized vide seizure memo ExP-17 from the

appellant Udham Singh and articles were seized vide seizure memo

Ex.P-18 from appellant Monu @ Ajay Khatik. Other articles found in

search were seized from the appellant Udham Singh vide ExP-19.

Other articles found in search of appellant Monu @ Ajay Khatik were

seized vide Ex-P/20. Spot map was prepared by Investigating Officer

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and on request of the investigating Officer, it was prepared vide Ex.P-

24 by Revenue Officer. Seized articles were sent for FSL examination.

Vide FSL report Ex.P/25 it was confirmed that the articles seized from

both the appellants was narcotic substance Ganja. Dehati Nalishi

(Ex.P-35) was recorded on the spot an