» HiGH COURT OF CHHATTISGARH AT BfLASpUI Aooeilant Crimjnal ADpea! No.316 of 1985 iVIunshj S'ngh S/o .Jayshree Singh caste Khc'uAvar, SQ^d about 45 y'esrs, R/o Revtipur P.S. Ramchnndrapur njcttRiir'-llia »»P {MmuCR) iu/3^3Eii,.t«rUi^i-ijwi IVi.i . ^S "^^r'^? '>^.ih.?.^r ;ess Versus State . of Madhva Pradesh 'Mow Chhsttisgarh) through P.S. Ramchandrapur DistS. Surguja. M.P. /Mft-i"' f^ €^\ ^a'ii^-TV -•^i'.\S./ /Criminal ADDea.l underSection 374 (2) ofthe Cr,P.C,) S8: Hon'bls Mr. T-P; Sharma.J. ^ Present -R.K.Jain. counsel for the apoeiiant. ^vlr.Pfsdosp SlHyh; Psnsl Iswysr forths StstfefsspoHdont. ORDER (Passed on 1;5thAprl!, 2010) 1- By this appeai, the appellant Aas .<hal!enged the tegality & propriety of the judgment of convjctjon & o''der of sentence dated 24.2.1995 passed by the iDecial Judae. Amblka.Dur, in SDecia! Criminal Case No.148/93, whereby iea.rned Special .Judge after holding the appeliant guilty for the offence Dunishable under Section 20 tB)-l1.} of the Nareotic Duras & PsvchotroDic Substancss A.ct. 1985 sentenced"him to underao riaorous ImDrisonment for six months and to Dav fine of R.s,1000/-,,-in defai underao riaorous imQrisonment for six months, months and to Dav fine of R.s,1000/-,,-in defauit of Davment of fine to further Conviction is impugned on the ground that without a.ny procedure prescribed by tha investigating officer and without any iota of evidence, the Court beiow has convlcted & sentenced the a.DDellant as aforementioneo' and therebv J? committe'd jileaalih/. ''~\. Ca$e -of the proseFu^i'on is that on 6.8.93 Station incharge Ramchandrapur S;R.DIwa.n wa.s in village patrotling, hejecefved information from t'ne informant ^A-. that the oresent SDDella.nt was in Dossession of contraband articie and he ussd to sel! t'ns' same, Hs made seareh of the house of ths appellsnt where % kg contraband srtjcte ganja vya.s found in possessiof of the appe'lant. Same was seized vide Ex.P/1, Dshati riatishi was recorded vide Ex.P/2. Finaliy. F.I.R. was registeFsO vide.Ex.P/ZAJ Spot map was prepared by the investigatlng ofRcer viteEx:P/3. .ArtiGle was sent for examination and artic!e was found - ^- ganja vide Ex.P/4. After completion of investigation, charge sheet was fjled. After affording opportunity of hearing to the pa.rties; iearned SpeciaS Judge. A.mbikaDur ha.s convicted & sentenced the aDpellant as aforementioned. have heard iearned counssl for the Darties. record ofthe Court beiow. oerused the iudament imnuaneri 5- Learned counse! for th®apr?e!!ant submits that the investjgating officer has not foilowed the procedure prsscribed; even article has not been sea.led. The Drosecutlon has not adduGed anv evldence to s'now that the artJGie was ke&t whers and which Dossession for lono.time. Lsarned counsel further submits that Dressntiv the aooellant is in custodv since 25.2.2010 till todav, for about 49 davs and that would bs sufficient sentence, 6. On the ot'ner hand, Isarned State counsel supported the judgment and sijbmits that the Court beiow has riahtiv convicted and sentenced the aooellant as From perusa! of the eviden^e of Kaei Miya (PW-1) and S.R.Diwan (PW-2), aithouah investiaatina officer has not comolied the Drocedure Drescribed but it appea.rs thst the appellant was found in possession of contraband artide ganja Tor a.bout % ka. Conviction is substantiajiv ba.sed on the evidence of the aforesaid wifnesses. The Court beloW has riahflv convicted & sentenced the aRDellant as aforementioned. As rsgards the questioR'of sentence, prssentiy thp appsHant is in custody slnce 25.2.2010 til! todav, for abouf49 davs, Considerina the auantifc/ of contraba.nd art!ci$, same would be sufficient sentence aiong with fine of Rs.1000''-. Consequently, the appeai is partly aiiov/ed. Convic-tion of the anpeilant i.s herebv maintainsd. but instead of riaorous imDrisonment for six months and fina of Rs.1000/-, he is sentenced imprisonment for custodla! period a.lready undergone and fjne of Rs.1000/-, in default of payment of ffne to undergo riaorous imorisonment forthree trionths. »• / ~ . B'- Sd/- T.P.Sharma Judge .''%; 1