^ COUjsj-pepe; E-y.sy:,^^,, ^W^^^ISjprEO. B/C^-^S^SS(S?^/D^7SX>- ^s'^sSi^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) APPLICANT : APPELLANT NON-APPLICANT: ' RESPONDENT : ~'^^ ^"y ACOUITTALAPPEAL^a [^6/200 The State of Chhattisgarh Through - Police Chowki - Bakaund, P.S. Nagarnar, District-Bastar (C.G.) Munna Tiwari V S/o. Chhotelal Tiwari, Age - 46 years, Occupation : Agriculture, R/o. Badamda, P.S. Amda, District-Navrangpur (Orrissa) ^^" APPLICATION FOR GRANT OF LEAVE TQ APPEAL U/S 37^ (3) AND MEMORANDUM OF APPEAL U/S 3f8 (1) OF CODE OF CR5MINAL HIGH COURT OF CHHATriSGARH AT BILASPUR Hon. Mr. Justice Prjtinker Diwalfer) Acquittal Appeal No. 16®of 2009 APPELLANT VERSUS RESPONDENT State of Chhattisgarh Munna Tiwari .^' .•"• Shri Pravin Das, Dy. G.A. for the State/appetlant. Shri Sushobhit Slngh, counsel for the respondent. CRIMINALAPPEAL UNDEFl SECTION 374 flVOFTME CODE OF CRIMINAL PROCEDURE. JUDGMENT (18.02.2011) The present appeai arises out of the judgmint and prder dated 22.08.2008 passed by the Spedal Judge (N.D.P.S. Act)/ Jagdalpur, jn Spedal N,D.P.S, Case No. 43/2007 acquitting the respondent of the pffence under Sectlon 20 (b)(II)(B) of Narcotjcs, Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 2. Brief facts of the case are that on 10.06.2007/ upon receiving secret information to the effect that Ganja is being carried by someone in a bicycle the same was reduced to writing and recorded in Rojnamacha vide Ex.P-16/ the accused/respondent was stopped near Rajnagar stadium when he was going on his bicycle. Upon search 5»4 Kg. of Ganja was seized from his possession which he had kept in a plastic bag. After completing all the formalities/ FIR Ex.P-21 was registered under Section 20 (b)(Il)(B) of NDF^ Act. 3. So as to hold the accused/respondent guijty^prosecutjon has examined 06 witnesses in support of its case. Statement of the accused/respondent was also recorded under section i^.. -^.- 313 of the Code of Crimlnai Procedure in which he denied the charge jevelled against him and pleaded his innocence and false implicatjon ln the case. 4. After hearing the parties^ the trial Court has acqultted the accused/respondent of the offence under Section 20 (b)(ll)(B) of NDPS Act/ hence, the present appeal. 5. Contention of Shri Das/ learned counsel for the State Is that though there is some lacuna in conductjng the prosecutlon case but merely on the basis of the statement of investjgating Officer namely Santosh Kumar Slngh (PW-6) the learned trial Court ought to have been convjcted the accused/respondent jgnoring the minor contradictions in the statement of the witnesses. 6. On the other hand supporting the impugned judgment it has been argued by the leamed counsel for the resporiderrt^ that there is complete non-compliance of Sectipns 42(2)^ 55 and 57 of NDPS Act. Further seizure witnesses Bhelku (PW-l) and Kapoor (PW-3) have not supported the prosecutton case and have been declared hostjle. From the statement of the Investigating Officer (PW-6) it appears that the provisions of Section 42 (2) were complied with by sending secret information through Constable No.129 to the offioer of the City Superintendent of Pollce but the said Constabte has not been examined nor there is any record to show that the said information was sent or received. Further there is no evidence on record to show that the provisions of Sectton 55 have been complied with by the prosecution. Likewtse the provisjons of Sectlon 57 of the Act have not been complfed with. He submits that atl these aspects have been etaborateiy considered by the Court below white passing the Impugned judgment of acquittal and there is no lacuna in the same. aSpnf ja5(BMia ja^upud -/PS 'pessiuusip Aj6ut0^033@ si M "pessjyjsip 9q 04 eiqejj si 93ueisqns ^noq^iM 6u!©q |e©dde ©Mi ^j6uipjo33v "4Jno3 sw Aq 93U9jejJ9Wl Aue 4uejj@M iou s&op pue jedojd pue isnf sj pv SdQN jo (9) (II) (G|) o^ uojp©s-opun ©sus^o94^ ^o iu9puods9J/p9sn33e Svjttinbse pQu6ndai( 4uaLu6pnC 94^ ajo^jeqi pue M6( ui ajqissjiujad ;ou si /uoj4ej8p{suoo oiui MBJA 9|qjsne(d jaMio eq^ ©uj>|ei^no^ 9^et|9dde QM) Aq (enjnboe ^o sfiuipuy 9M5 ^o uoisJ&Aej ^eLji uojuido psjepisuoo 9111 ^o sj vno3 siq^ /p9sn3oe 944 pajnoAe^ MQIA auo 6ui>|e4 ijno3 jeu^ 94^ pue uojinoesojd ©qiAq p9j &3U9piA8 ^o siseq 94^ uo asqissod ©jeSM©IAOM^ ^i {e^iinboe ^sujeBe leadde ue uj ^eyi uoiiisod je6s( Su^sjxa ay^^o snopsuos yonai ^QA 6uj9q pue pjooej uo aiqejieAe |eu84@a( ©45 y6nojy) 6u(o6 jsye sntii 'Q •p8u6nduuj iusaiSpnf ay^ 6uipn|3U! pJ03©juo a|c|e(ieAe (eu&ieiu ©^p8snj©dpue S9i^ed 94^ jo^ lesunoo pjeeH •z -£-