Chattisgarh High Court
Bihari Lal vs State on 7 June, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 2559 of 2000
Biharilal son of Sukhiram, aged about 45 years, resident of Village
Baradwar, Kora, Bilaspur, Distt. Bilaspur
---- Appellant
Versus
State of M.P. through P.S.H. Officer Nagarnar, P.S.H. Nagarnar, Distt,
Jagdalpur.
---- Respondent
_____________________________________________________________
For Appellant : None.
For Respondent/State : Mr. H. S. Ahluwalia, Dy. A.G.
Hon'ble Shri Justice Arvind Singh Chandel
Order On Board
07.06.2021
1. This appeal has been preferred against the impugned judgment dated
19.09.2000 passed by learned Additional Sessions Judge (Special
Court) Jagdalpur, in Special Case No.21/2000 punishable under
Section 20(B) read with Section 8 of N.D.P.S. Act, wherein the
appellant has been convicted and sentenced as under :
Conviction Sentence
Under Section 20(B) read with 2 years of R.I. with a fine amount of
Section 8 of N.D.P.S. Act. Rs.2000/- failing to deposit which 6
months R.I. more.
2. According to the case of prosecution on 09.04.2000 a secret
information has been received by Mr. G. N. Singh, S. H. O. of Police
Station Nagarnar from the informant that two persons coming from
Maganpur Road and were carrying contraband article (Ganja). He
recorded the above information in Rojnamcha Sanha and prepared
Mukhbir Suchna Panchnama in presence of the witnesses. He also
informed about this information to the higher officials, thereafter he
reached the spot along with the witnesses. In compliance of Section
50 of the N.D.P.S. Act, he gave notice to the Appellant and obtained
his consent for search. On being searched total 6.700 of contraband
Ganja was found from his possession. He seized the above
contraband Ganja and prepared two sample packets of 30 grams
each and after completion of other formalities he returned to the police
station along with the seized property and the Appellant, then he
recorded the FIR and deposited the seized property in Malkhana
thereafter, sample packets were sent for examination to the FSL. After
completion of investigation, charge-sheet was filed by the police. To
robe the Appellant in the crime-in-question prosecution has examined
as many as total 05 witnesses. In the statement of the Appellant
recorded under Section 313 of Cr.P.C, he has pleaded his innocence
and false implication in the matter, however no defence witness was
examined by the Appellant.
3. After completion of trial, Trial Court convicted and sentenced the
Appellant as mentioned in Para 01 of this judgment. Hence, this
appeal.
4. A certificate of incarceration sent by the Jail Superintendent, Central
Jail, Ambikapur, Surguja (C.G.) dated 06.04.2021 would mention that
the Appellant has undergone the entire jail sentence imposed upon
him by the Trial Court and already released on 09.04.2002.
5. Since no one appears for the Appellant today, I decide this appeal on
merits.
6. I have heard Learned Counsel appearing for the State and perused
the record to assess the correctness of the impugned judgment of
conviction.
7. In the Court statement of Sub-Inspector G.N. Singh (PW-4), he
deposed according to the case of prosecution and other witnesses
have duly corroborated the statement of G.N. Singh (PW-4). They
remain firmed during their cross-examination. There is nothing on
record on the basis of which their statements can be disbelieved.
Mandatory provisions of NDPS Act have also been complied with.
8. On minute examination of the evidence, it is clear that there is
sufficient evidence available on record against the Appellant. Looking
to the entire evidence adduced by the prosecution, in my considered
view, the Trial Court has rightly convicted the Appellant.
9. Consequently, the appeal has no merit and the same is liable to be
and is hereby dismissed.
Sd/-
(Arvind Singh Chandel)
Judge
Parul/shubh
