RAGHUNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction and order of sentence dated 30.01.2008 and 31.01.2008 respectively passed by the learned 1st Additional Sessions Judge, Samastipur in N.D.P.S. Case No. 4 of 2005 by which the appellants have been convicted under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the Act) and have been sentenced to undergo rigorous imprisonment for 14 years and to pay a fine of Rs. 1.25 lakhs and in default of payment of fine to further undergo imprisonment for a period of three years.

(2.) The prosecution case is based on a written report of the informant Subodh Kumar Singh, the Officer In charge of Halai O.P. that on 30.09.2005 at about 4 A.M. he received secret information that Raghunath Singh and Ram Kishore Singh, resident of Village Larua and Baleshwar Das have kept huge quantity of Nepali Ganja and arms for selling. On receiving information, the informant informed the Dy. S.P., Samastipur, Sadar, Inspector, Samastipur on telephone and recorded a Sanha entry and he along with Gurudev Prasad (P.W. 5), Yogendra Jha (P.W. 7), Shivnath Prasad (P.W. 6), Uday Shankar Paswan (not examined), Mithilesh Kumar Singh (P.W. 9) and Bhuvneshwar Prasad Yadav (P.W. 11) proceeded and reached Village Larua. Further on smelling of the reaching of police, Ram Kishore Singh and his family members fled away, whereas Raghunath Singh was found present at his house and hence, in presence of the independent witnesses Virendra Pd. Singh (P.W. 1), Bhushan Pd. Singh (P.W. 2) and Anant Kumar Tiwary (P.W. 3) the search was made and during the search from the house of Raghunath Singh (Appellant No. 1) 15 packets of Ganja kept in a steel box was recovered. Each packet was containing about 8 kgs of Ganja. In the meantime, Dy.S.P, Inspector and Officer-in-Charge, Mufassil P.S., Samastipur reached and in their presence the seizure list was prepared and signed. From the house of Ram Kishore Singh, 12 packets of Ganja recovered, each containing 8 kgs of Ganja and from the house of Baleshwar Das, 12 packets and 2 small packets were recovered, each containing 8 kgs and 3 Kgs. of Ganja respectively. The seizure list was prepared and signed by the witnesses.

(3.) On the basis of the written report the First Information Report was drawn and after investigation the charge sheet was submitted. Cognizance was taken and consequently, the charge was framed under Section 20 (b)(ii)(C) of the Act against the appellants, namely, Raghunath Singh and Baleshwar Das which was explained to them to which they pleaded not guilty and claimed to be tried.