Criminal Appeal No. 1372 of 1996. Case: Alakhram Verma Vs State of M.P.. Chhattisgarh High Court
| Case Number | Criminal Appeal No. 1372 of 1996 |
| Judges | R. S. Sharma, J. |
| Issue | Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 42, 50, 50(1), 52, 55 |
| Citation | 2012 (1) CGBCLJ 287, 2012 (1) Cri 690 |
| Judgement Date | December 14, 2011 |
| Court | Chhattisgarh High Court |
Judgment:
Radhe Shyam Sharma, J.
-
This appeal is directed against judgment dated 31st July. 1996 passed by the Special Judge (NDPS Act) and Sessions Judge, Raipur in Special Criminal Case No. 100/95, whereby accused/appellant Alakhram Verma has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985') and sentenced to undergo rigorous imprisonment for 18 months. Case of the prosecution, in brief, is as under:
On 19.9.1995, at about 4.30 p.m., Chowki Prabhari Sub-Inspector Madanlal Negi (PW4) received information that a person was illegally carrying illicit ganja. After recording the aforesaid information vide Ex-Pl, he informed the same to City Superintendent of Police. Civil Line. Raipur. He, accompanied by witnesses Ujwal (PW2) and Gajendra (PW3), reached Bus-Stand Pandri. Raipur. The appellant was going towards an STD-PCO with a black colour bag in his hand. The accused/appellant was interrogated by Madanlal Negi (PW4) and information of rights under Section 50 of the Act, 1985 was given to him vide Ex. P4 and consent of the appellant was recorded vide Ex.P3. Thereafter, Madanlal Negi (PW4) searched the bag carried by the appellant. During search, ganja like substance was found in 5 packets in the bag. 3 packets contained 2 kilograms each and 2 packets contained 1 kilogram each. Total 8 kilograms ganja like substance was found, which was seized vide Ex.P5 and the packets were weighed vide weighment Panchnama Ex.P6 and it was found that the bag contained 8 kg of ganja like substance. Thereafter, two sets of samples, 25 grams each were lifted from the packets and sealed. The remaining ganja was also sealed. The accused/appellant was arrested vide Ex.P2. Intimation of seizure proceedings was sent to CSP, Civil Line, Raipur. Seized ganja was handed over to the officer-in-charge of Malkhana, Police Station Civil Line, Raipur for safe custody. The samples were sent to Forensic Science Laboratory, Raipur and report was received from there vide Ex. P10. According to the report (Ex.P10), sample A was ganja.
After completion of investigation, the appellant was prosecuted for the offence punishable under Section 20 of the Act, 1985. The appellant abjured the guilt and examined Mukundram (DW1) and Shyamlal (DW2) as defence witnesses.
The prosecution has examined as many as four witnesses and relying upon the evidence led by the prosecution, the trial Court has convicted and...
To continue reading
Request your trial