Hariram Ahirwar vs State Of Chhattisgarh Through

Conviction,Sentence

Under Section 20(b)(ii)(C) of the

NDPS Act","Rigorous Imprisonment for 10 years

and fine of Rs.1,00,000/-

with default stipulation

Head Constable Dharamraj Dhruw (PW7) was posted as a Malkhana Moharrir at G.R.P., Raipur. He has deposed that he had received two",

airbags containing 13 Kgs. and 12 Kgs. of contraband article Ganja, respectively and two sample packets each containing 50 Gms. of the contraband",

article marked as A1 and A2 in sealed condition. He had also received one rail ticket along with the above sealed articles. He made entries of receipt,

of the above articles in the Malkhana Register (Ex.P14) and gave acknowledgment thereof (Ex.P15). His statement is also not duly rebutted during,

his cross-examination. From the statement of this witness as well as entries of Malkhana Register, it is also established that the seized articles",

including the sample packets were deposited in the Malkhana in sealed condition. According to the statement of Shankar Lal Chandrakar (PW8), he",

had sent intimation (Ex.P18) of the complete action taken to the S.R.P., Raipur and he also intimated about the same to the Special Court vide",

Ex.P19. The above statement of this witness is also not duly rebutted during his cross-examination. Thus, it is also established that provisions of",

Sections 55 and 57 of the NDPS Act have also been duly complied with. Constable Suresh Kumar Mishra (PW5) had deposited the sample packets in,

the FSL on 13.10.2014 along with a draft (Ex.P10). According to this witness, he had obtained acknowledgment (Ex.P11). FSL report is Ex.P21,",

which is positive.,

On a minute examination of the above evidence, it is clear that all the mandatory provisions of the NDPS Act have been duly complied with by the",

prosecution. Though independent witness of the seizure Gaukaran Verma (PW2) has not duly supported the case of the prosecution and other seizure,

witness has not been examined, Shankar Lal Chandrakar (PW8) and L.S. Rajput (PW9) have duly corroborated the prosecution story. They have",

remained firm during their cross-examination and their statements have also not been duly rebutted regarding the search and seizure of the contraband,

article. After the seizure, two sample packets were deposited in the Malkhana along with other articles in sealed condition. The sealed sample packets",

were sent to the FSL for examination and the FSL report is positive. There is no issue regarding any tampering of the seized articles. From the entire,

evidence available on record, I find that the offence is clearly proved. The Trial Court has rightly convicted the Appellant. The sentence imposed upon",

the Appellant is also just and proper.,

Consequently, the appeal is dismissed. The impugned judgment of conviction and sentence is affirmed.",

Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,