Conviction,Sentence
Under Section 20(b)(ii)(C) of the Act,"Rigorous Imprisonment for 10 years and fine of
Rs.1,00,000/- with default stipulation
acknowledgment thereof (Ex.P5). Head Constable Devendra Tiwari (PW3), who, on the relevant date, was posted in the office of the C.S.P., has",
also corroborated this statement of Virendra Sahu (PW4). Investigating Officer N.L. Dhritlahre (PW7) has further deposed that thereafter without,
obtaining a search warrant, he moved towards the spot along with staff and relevant entries were made in Rojnamcha Sanha (Ex.P16). On the spot,",
he stopped the car bearing registration No.CG 04 HA 4850. Both the Appellant and the acquitted accused were found inside the car. He gave them a,
notice (Ex.C2) under Section 50 of the Act for search of the car. He obtained acknowledgment thereof (Ex.C3) from them for their search.,
Thereafter, he searched the dickey of the car. He found that contraband article was kept in the dickey of the car in 3 white plastic bags. He prepared",
search panchnama (Ex.C4) and recovery panchnama (Ex.C5). He also prepared identification panchnama (Ex.C6) of the recovered contraband,
article. Thereafter, a weighing article was called for from Yunus Khan and physical verification panchnama (Ex.C7) of the said weighing article was",
also prepared. Thereafter, the recovered Ganja was weighed. In the first bag, 20.370 Kgs. of Ganja was found. In the second bag, 20 Kgs. of Ganja",
was found and in the third bag, 7 Kgs. of Ganja was found. He prepared weight panchnama (Ex.C8). 200-200 Grams of Ganja were taken out from",
each of the 3 bags and total 6 sample packets each of 100-100 Grams were prepared. He also sealed all the 6 sample packets and marked them as,
A1, A2, B1, B2, C1 and C2 and prepared a panchnama thereof (Ex.C9). This witness has further deposed that after return to the police station,",
47.370 Kgs. of Ganja and 6 sample packets as prepared by him on the spot were deposited by him in the Malkhana and acknowledgment thereof,
(Ex.P1) was obtained.,
10. Head Constable Ram Pratap Yadav (PW1) has corroborated the above statement regarding deposit of the above articles in the Malkhana. He has,
stated that on 31.5.2014, he received the above articles in Malkhana and gave acknowledgment thereof (Ex.P1) and made relevant entries in",
Malkhana Register (Ex.P2).,
11. Investigating Officer N.L. Dhritlahre (PW7) has further deposed that he sent the sealed sample packets marked as A1, B1 and C1 to the Forensic",
Science Laboratory for examination vide memo (Ex.P8). As stated by this witness, he received report (Ex.P23) from the FSL. The FSL Report",
(Ex.P23) is positive.,
12. Constable Amar Singh Chanta (PW5) has stated that he had taken sealed packets marked as A1, B1 and C1 from Malkhana to the FSL and after",
depositing the same in the FSL, he had obtained acknowledgment thereof (Ex.P7). Malkhana Moharrir Ram Pratap Yadav (PW1) has also stated that",
he had given 3 sealed packets to Constable Amar Singh Chanta (PW5) and obtained acknowledgment thereof dated 3.6.2014 (Ex.P3) from him.,
Investigating Officer N.L. Dhritlahre (PW7) has also stated that after completion of all the proceedings he had forwarded intimation thereof to the,
C.S.P. office and made entries regarding this in Rojnamcha Sanha (Ex.P22). Constable Virendra Sahu (PW4) has corroborated the above statement,
and has stated that on 1.6.2014 he had taken the information of complete proceedings to the C.S.P. office and after submitting the same had obtained,
acknowledgment thereof (Ex.P6). This statement is also corroborated by Head Constable Devendra Tiwari (PW3), who was the then Reader of the",
office of the C.S.P.,
13. On a minute examination of the above evidence, it is clear that independent witnesses of seizure, i.e., Firturam Banware (CW1) and Sunil",
Maldhani (CW2) have not supported the case of the prosecution, but Investigating Officer N.L. Dhritlahre (PW7) has categorically stated about each",
and every action taken by him regarding search and seizure of the contraband article. N.L. Dhritlahre (PW7) has remained firm during his cross-,
examination. I see no reason to disbelieve his statement. From the statements of Investigating Officer N.L. Dhritlahre (PW7), Head Constable",
Devendra Tiwari (PW3) and Constable Virendra Sahu (PW4), it is also established that the provisions of Sections 42 and 57 of the Act have been",
duly complied with in this case. From the evidence adduced by the prosecution, it is also established that after return to the police station, the seized",
contraband article and the sample packets were deposited in the Malkhana and on 3.6.2014, 3 packets marked as A1, B1 and C1 were deposited in",
the FSL by Constable Amar Singh Chanta (PW5). As reported by the FSL, the seal of the packets received by them in the FSL were intact.",
14. The argument advanced by Learned Counsel appearing for the Appellant that the 6 sample packets of Ganja were not prepared from the seized,
Ganja and the 3 packets which were sent to the FSL for chemical examination were part of the seized Ganja is also not established is not sustainable,
because Investigating Officer N.L. Dhritlahre (PW7), in paragraph 12 of his cross-examination, has categorically stated that the first bag had",
contained 20.370 Kgs. of Ganja out of which 2 sample packets each containing 100 Grams of Ganja were prepared and sealed and remaining 20.170,
Kgs. of Ganja were sealed in a bori (bag) and he marked A1 and A2 to the sample packets prepared from the first bag. In the second bag, 20 Kgs. of",
Ganja were kept out of which he prepared 2 sample packets each containing 100 Grams of Ganja and marked them as B1 and B2 and remaining,
19.800 Kgs. of Ganja were sealed in a different bag. In the third bag, 7 Kgs. of Ganja were kept out of which he prepared 2 sample packets each",
containing 100 Grams of Ganja and marked them as C1 and C2 and he sealed remaining 6.800 Kgs. of Ganja in a different bag. The above statement,
of N.L. Dhritlahre (PW7) has not been rebutted during his cross-examination. Thus, from the above, it is established that total 47.370 Kgs. of Ganja",
was seized from the spot and out of this quantity, total 6 sample packets each containing 100 Grams of Ganja were prepared and after preparation of",
the 6 sample packets, remaining quantity of Ganja along with the sample packets were deposited in the Malkhana and out of the 6 sample packets, 3",
sample packets, namely, A1, B1 and C1 were sent to the FSL for chemical examination.",
15. Ashok @ Dangra Jaiswal case (supra), relied upon by Learned Counsel appearing for the Appellant is distinguishable because the facts of the",
cited case are entirely different from the case in hand.,
16. Consequently, I find no substance in the instant appeal. The appeal is dismissed. The impugned judgment of conviction and sentence is affirmed.",
17. Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,
