FAKIRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant against the judgment and order dated 26th of August, 1989, passed by the 2nd Additional Sessions Judge, Darbhanga Convicting the appellant for the offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act') and under Section 47(A) of the Bihar Excise Act. Originally the-accused- appellant was charged under Section 23 of the NDPS Act but the trial Court acquitted him for this charge, the trial Court sentenced him to undergo rigorous imprisonment for five years under Section 20(b)(i) of the NDPS Act and rigorous imprisonment for two years under Section 47(A) of the Bihar Excise Act. The sentences were directed to run concurrently.

(2.) The prosecution case in brief is that PW 1, (Dinesh Prasad Gupta) SI of Excise posted at Laheriasarai along with other Excise Constables was on duty at Darbhanga Railway Station on 25.03.1988 from 8.00 p.m. On that date at about 9.50 p.m., he along with the Constables checked the train Janki Express which has arrived from Jainagar and was proceeding towards Katihar. In course of checking of Compartment No. 7404 of the train, the accused-appellant was found sitting on a gunny bag. On suspicion, the bag was searched in presence of the witnesses. On search ganja in four packets weighing 16 kgs. was recovered from the said bag. The appellant claimed the possession of the bag. The seizure list was prepared in presence of the witnesses, over which the accused also signed. The accused was forwarded to the Court along with the seizure-list and the prosecution report was submitted. After commitment, the trial proceeded in the Court below.

(3.) The case of the defence is that there was no recovery of ganja from his possession and he had been falsely implicated by the Excise officials. His further defence is that he is a Rickshaw-puller and refused to take PW 1on his rickshaw and, therefore, he implicated him in this case. No defence whatsoever has been adduced on behalf of the accused.