ASHOK RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals arise out of the judgment of conviction and order of sentence dated 17.5.2007 and 24.5.2007, respectively, passed by the learned Special Judge (N.D.P.S. Act) in N.D.P.S. Case No. 17 of 2003 by which he held the three appellants guilty of committing different offences under N.D.P.S. Act. Appellant Ashok Rai was found guilty under Section 20(i)(b) of the Narcotic Drugs and Psychotropic Substances Act and was directed to suffer rigorous imprisonment for 8 years and to pay a fine of Rs. 1,00,000/-. He was also found guilty of committing offence under Section 27(a) of the N.D.P.S. Act and was ordered to suffer rigorous imprisonment for 12 years and to pay a fine of Rs. 1,25,000/-. In default of payment of fine, appellant Ashok Rai was directed to suffer rigorous imprisonment for five years. As regards the other two appellants, namely, Ramayan Paneri and Md. Kyamuddin Ansari, they were found guilty under Section 21(i)(b) of the N.D.P.S. Act and each of them was directed to suffer rigorous imprisonment for six years and to pay a fine of Rs. 50,000/- each and in default of payment of fine to suffer further rigorous imprisonment for 5 years each. The above named appellants have questioned the propriety and correctness of the judgment and order of sentence passed against them.

(2.) The prosecution has been initiated on the written report of the Officer-in-charge of Dumraon Police Station (P.W. 1), S.I. Piranjit Singh in which he stated that he received a confidential note from the Superintendent of Police, Buxar, pointing out to him that one Ashok Rai and others were engaged in possessing and sale of narcotic substance through his "Ankit Medical Hall" situate at village Pratapsagar. Accordingly, P.W.1, S.I. Piranjit Singh, formed a raiding party and issued direction to the Officer-in-charge of Dumraon Police Station, Shri Ramagya Rai, to remain present with police force at a particular place. The informant along with his party of police force came at the place of occurrence and found S.I. Ramagya Rai already present at the pointed place. Thereafter, the informant apprised the two seizure list witnesses, namely, Mritunjay Rai (P.W. 2) and P.W. 4 Rajiv Kumar Singh about the purpose of the informant in the light of the official communication of the Superintendent of Police, Buxar, and taking them with him and the police party he reached "Ankit Medical Hall" situated at N.H. 84 near Methodix Hospital. The informant alleged that he saw two persons sitting there and one person running out of the place of occurrence. The two persons on being questioned, gave their names as Ramayan Paneri and Md. Kyamuddin Ansari and the name of the man who had just left out the shop was pointed out by them as Ashok Rai (appellant). The two appellants Ramayan Paneri and Md. Kyamuddin Ansari described themselves to the informant as the salesmen of the shop.

(3.) The informant alleged that he pointed out to the two appellants, namely, Ramayan Paneri and Md. Kyamuddin Ansari that they in league with the owner of the shop, namely, Ashok Rai, were indulging in sale and possession of heroin and, as such, the informant and other police personnel had to make search of the shop and if they so required the same could be made in presence of a Gazetted Officer or a Magistrate. The informant further stated that he read out the authorization letter issued to him to the two appellants and on being told by them that they had complete faith in the police force, the premises was searched in presence of the seizure list witnesses. The two appellants also gave in writing their no objection to the search of the place and, accordingly, the police searched the premises. No recovery was made of any incriminating article from the possession of appellant Ramayan Paneri and Md. Kyamuddin Ansari. But on search of the Medical Hall, a polythene packet was found concealed after being wrapped in a piece of news paper in one of the drawers of the sales counter which packet was found containing heroin-like-substance. A telephone diary and Rs. 700/- in cash were also recovered. On being asked to produce any authorization for possessing heroin, the two appellants could not do so and appellant Ramayan Paneri on being questioned said that he and appellant Md. Kyamuddin Ansari were engaged in sale and purchase of heroin in league with Shashi Kant Rai and appellant Ashok Rai. They further stated that the seized heroin had been brought by appellant Ashok Rai and acquitted accused Shashi Kant Rai and they had asked the two appellants to sell it to the purchasers.