KASHI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :-This appeal is directed against the judgment and order of conviction and sentence dated 26th September, 1999, passed by Sri Ramjee Pandey, 3rd Additional Sessions Judge, Bhabhua in Trial No. 117/97 under Section 17 of N.D.P.S. Act. The appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a firm of Rs. one lac and, in default, to undergo rigorous imprisonment for two years.

(2.) The case of the prosecution is that the informant (P.W. 2) along with some other police personnels were going to investigate a case and is course of their track to village Mahwari, they chanced to see the accused appellant near the bridge situated in Village Griyadih-Durgavati moving in a suspicious condition. This person was asked to halt but the latter tried to run towards south. However, he was chased and arrested. Several persons gathered out of whom in presence of two persons, the person of the suspicious man was searched and allegedly 5 grams of heroin were seized from his possession. Subsequently, the accused was prosecuted and after submission of the charge-sheet, he faced trial.

(3.) The accused denied the charge and alleged false implication.