CAD HIGH COURT OF CHHATTISGARH ‘AT BILASP'UR Criminal Appeal Ne. 33912002 A CRIMINAL APPEAL UNDER SECTION 36(3) OF THE NARCOTICS ‘- DRUGS AND PSYCOTROPICS SUBSTANCES ACT READ WITH UNDER SECTION 374 (2} OF THE CODE OF CRIMINAL PROCEDURE. (SB :Hon’ble Mr. T.P.Sharma, J.) Present Shn Shallendra Dubey, Advocate on behalf of Shn Rajneesh Shnvastava Advocate for the appellants Shn Vlnod Tekam P L forthe State/respondent. ORAL-ORDER (Passed on 28/ 07/2008) l. This appeal is directed against the judgment of conviction and order of sentence dated 30/1 i2002 ‘ passed by Special Judge under N.D.P.S. Act, Jagdal'pur (Bastar) in Special case No. 84/2001, whereby learned Special Judge after holding the appellants guilty for the offence punishable under Section 20 (B) (1) of the N.D.P.S. Act and sentenced rigorous imprisonment for 5 years and fine of Rs. 30,000/~ each in default of fine amount 1 1/2 year rigorous imprisonment to each appellant. . 2. The judgment is challenged on the ground that trial Coutt has convicted and sentenced the appeilants without any reliable and clinching evidence. 3i Shri Shailendra Dubey, Advocate on behalf of Shri Rajneesh Shrivastava, av-Advocate for the aellants and Shri Vinod Tekam, P.Li for the State/respondent are heard. 4. Judgment impugned and record of trial Court perused. lt is argued on behalf of the appellant that without any clinching and reliable evidence appellant has been pp APPELLANTS/ 1. B. Ramchandram Rao son of Anjiya ACCUSED agad about 55 years Resident of Alloor Road Echal POIICE Stafion Vijay-bada District Krishrta (Andhra Pradesh). 2. M‘. Shankaraiya son of M. Vcnkatsubaiya aged about 53 years Resident of RT. C. Complex Rajmahendree Police Station RaJmahendree D1stnct Best Godavome ‘ (Andhra Pradesh) VERSUS a f RESPONDENT] State of Chhattisgarh through Police i PROSECUTION Station O$cer Ihcharge RS. Doranapal District Dantevada. — vb @ convicted and sentenced as aforementioned. Appellant B. Ramchandram Rao has released from the jail after completing the sentence on 28/11!2006 and appellant Mt Shankaraiya has completed sentence on 513/2008 and he released from the Rajmahendrl Jail (Andhra Ptadesh) 5. iAccording to the case of prosecution on 519/2001 at about 4 porn. at Mlsma Tiraha Dornapal Sukma main road appellants were found in possession of 462 Kg. Ganga (15 bags). Same was seized after completing the requlred procedure from the ‘ appellants Vlde Ex P/B The First information Report was lodged Vide Ex. Pl’l6, required procedure for the special act were completed The sample was sent for analyses Vide EX P/13 and sample was found Ganga. The charge sheet was fled. 6. ln order to prove the guilt to the appellant prosecution has examined as many as 5 witnesses Statement under Section 313 of the CrtP.C. were recorded in which " appellant has denied the Circumstances appearing against them and pleaded innocence and false implication. After affording the opportunity of hearing to the parties learned Trial Court has convicted and sentenced the appellant as aforementioned 7. _ ln order to appreciate the contention of the parties, i examined the statement of the witnesses adduced on behalf of the prosecution (P.W4) D.N. Nagwanshi‘ Sub— lnspector has stated that after receiving the information that Ganga has been kept in truck Vide truck No 60X 5245 came from Sukma side. He recorded the information in the Rojnamcha Vide Ex P/13 his act for the place of occurrence He tried to stop the truck but driver ran away with the truck then it was stopped by over tracking Appellants were present in truck, 462 kg, of Ganga was found in 15 bags in the truck and same was seized. He has complied prescribed procedure as required and arrested the appellant The statement is supported by (PW3) K.S. Rajput and independent witnesses (PW2) MandVi Joga After evaluating the eVIdence statements of the witnesses learned Trial Court had arrived at a finding that appellants were found in possession of the psychotropic substance Ganga of 462 kg. and convicted and sentenced as aforementioned. \