Advocates:
['ROOP NAIK', '', 'MANJU NAIK', 'ABHISHEK SHARMA', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Judgment Reserved on : 03.04.2019

Judgment Delivered on : 26/06/2019

CR.A. No. 646 of 2017

•

Sanjay Kumar, S/o. Shashi Bhushan Yadav, Aged About 23 Years,

Caste -Gadariya, R/o. Village- Bankat, Police Station- Barauli, District-

Gopalganj, Bihar.

---- Appellant

Versus

•

State Of Chhattisgarh, Through : Station House Officer, Police Station,

Tapkara, District- Jashpur, Chhattisgarh.

-----Respondent

AND

Cr.A. No. 865 of 2017

•

Amit Singh, S/o. Late Harinder Singh, Aged About 23 Years, Caste-

Rajput, R/o Village Parsauni, Police Station- Sindhwaliya, District-

Gopalganj, Bihar.

---- Appellant

Versus

•

State Of Chhattisgarh, Through : The Station House Officer of Police

Station- Tapkara, District- Jashpur, Chhattisgarh.

-----Respondent

For Appellant

: Ms. Hamida Siddiqui, Advocate with

(in Cr.A. No.646/2017)

Mr. Sumit Singh Rathore & Ms. Rashmi

Sen, Advocates

For Appellant

: Mr. Roop Naik, Advocate

(in Cr.A. No.865/2017)

For Respondent/State

: Mr. I. Lakra, Dy.G.A.& Mr. Adil Minhaj,

P.L.

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Hon'ble Shri Justice

Rajendra Chandra Singh Samant

C A V JUDGMENT

26/06/2019

1.

Both the appeals are heard and decided together by this common

judgment as they are arising out the same sessions trial.

2.

These appeals have been preferred against the judgment of

conviction and order of sentence, passed by the learned Special

Judge (N.D.P.S. Act), Jashpur, District – Jashpur (C.G.) in

Special Criminal Case No.5/2016 on 16.02.2017, convicting the

appellants for the offence under Section 20 (B) (ii) (C) of the

Narcotic Drugs Psychotropic Substance Act, and sentencing

them to undergo R.I. for 10 years and fine of Rs.1,00,000/- with

default stipulations.

3.

Case of the prosecution in brief is this that on 29.11.2015, Sub-

Inspector Ajay Sahu (P.W.-12) received one information from an

informant, that some persons are transporting huge quantity of

contraband Ganja in a car coming towards – Tapkara. Ajay Sahu

(P.W.-12) prepared one information Panchnama (Ex.P-27) and

another panchanama showing inability to obtain search warrant

vide Ex.P-28. Information was immediately dispatched to the

office of SDO(P) at Kunkuri and then he proceeded to the spot

along with a team of other police officials.The independent

witnesses were summoned on the spot. One unnumbered Toyota

Itios car coming from the road towards Balisankara was stopped,

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which was found occupied by one driver and one another

passenger, who introduced themselves as Sanjay Kumar and

Amit Singh. Notice under Section 50 of N.D.P.S. Act was served

upon the accused persons vide Ex.P-5 and Ex. P-6. Thereafter,

the accused persons gave written consent vide Ex.P-39 and

Ex.P-40 to be searched by Ajay Sahu (P.W.-12). Initially search of

the raiding party and the witnesses were given to the accused

persons, which was found without any result. Thereafter, the

dickey of the Car in possession of the accused persons was

searched, which was found containing numerous packets of

Ganja of weight half k.g. and one k.g. Recovery memo Ex.P-10

and Ex.P-11 from both the appellants were prepared. The

contents of the packets were tested by smelling, tasting, rubbing

and burning and the material was found to be Ganja vide Ex.P-12

and Ex.P-13. Thereafter, the contents of both the packets were

taken out and homogeneous mixture were prepared from the

material recovered from both the accused persons, vide Ex.P-14

and Ex.P-15. For the weightment procedure, the balance was

firstly verified vide Ex.P-16 and then the contraband was

weighed. The weight of the material recovered from the Sanjay

Kumar was 37.470 Kg. and from the appellant- Amit Singh was

57 Kg. Two samples of 500 grams from each recovery were

prepared. The weighing certificate is Ex.P-19. The samples and

the remaining material were packed and sealed. Seal

Panchnama, Ex.P-20 wa