Chattisgarh High Court
Kanta Prasad Kurre vs State Of Chhattisgarh on 23 June, 2021
1.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 2017 of 2019
1. Kanta Prasad Kurre S/o Manshram Kurre aged about 41 years
R/o Village Semra, Police Station: Navagarh, District : Janjgir-
Champa, Chhattisgarh
2. Karan Kurre S/o Gaindram Kurre, aged about 19 years R/o
Village Semra, Police Station: Navagarh, District : Janjgir-
Champa, Chhattisgarh
---- Appellants
Versus
State of Chhattisgarh through Police Station: Basna, District :
Mahasamund, Chhattisgarh
---- Respondent
For Appellants : Mr. Rohitashva Singh, Advocate
For State/Respondent : Mr. Ghanshyam Patel, G.A.
Hon'ble Shri Justice Arvind Singh Chandel
Judgment on Board
23.06.2021
1. The matter is heard through Video Conferencing.
2. This appeal has been preferred against the judgment dated
04.11.2019 passed in Special Criminal Case No.14/2017 by the
Special Judge Saraypali, District: Mahasamund (C.G.) wherein, the
Appellants have been convicted under Section 20 (b) (ii) (B) of
NDPS Act, 1985 and sentenced to undergo R.I. for 03 years and to
pay fine of Rs.10,000/- each, respectively with default stipulation.
3. According to the case of prosecution, on 11.08.2017, at around
08:45 P.M., Sub-Inspector of Police Station: Basna along with his
staff seen two persons coming from Basna in motor cycle, when
they inquired they found total 8 Kg of contraband Ganja from the
possession of the present Appellants. He seized the above
contraband ganja, prepared sample packets and after completion
of other formalities he returned to the police station along with the
seized property and the Appellants, then he recorded the FIR and
deposited the seized property in Malkhana thereafter the sample
packets were sent for examination to the FSL, from where the
report confirmed that the property was contraband Ganja. After
completion of investigation, charge-sheet was filed by the police.
To robe the Appellants in the crime-in-question prosecution
examined as many as total 13 witnesses. In the statement of
Appellants recorded under Section 313 of Cr.P.C, Appellants
pleaded their innocence and false implication in the matter,
however no defence witness was examined. After completion of
trial, Trial Court convicted and sentenced the Appellants as
mentioned in Para 01 of this judgment. Hence this appeal.
4. Learned Counsel appearing for the Appellants submits that the
Appellants are wrongly convicted by the Trial Court without there
being any clinching evidence available on record. It is argued by
the counsel that there are material contradictions and omissions
occurred in the statements of the witnesses inspite of that learned
Trial Court has convicted the Appellants, therefore, conviction of
the Appellants are not sustainable.
5. On the contrary, learned State Counsel opposed the prayer and
supported the impugned judgment.
6. I have heard learned counsel appearing on behalf of the parties
and perused the record minutely.
7. PW-13, Hemlal Nag who investigated the entire matter, has
deposed according to the case of prosecution. His statements
were duly corroborated by Nirmal Bagh, PW-01 & Abhilash Kumar,
PW-08. Though there are some contradictions occurred in the
statement of Abhilash Kumar, PW-08 but it is not a material
evidence. The other witnesses have also supported the case of
prosecution.
8. On minute examination of above evidence and looking to the entire
evidence available on record, in my considered opinion, the
learned Trial Court has rightly convicted the Appellants.
Consequently, I do not find any merit in this appeal.
9. Accordingly, the Appeal is dismissed.
10. Records of the Court below be sent back along with a copy of this
order forthwith for information and necessary compliance.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
