MARUTI RANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant convicted under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for twelve years and a fine of Rs.1,20,000/- and in default of fine has been ordered to serve a sentence of two years.

(2.) Prosecution case, as alleged in the self statement of the informant, Chandra Shekhar Gupta, that on 12.10.2002 at 11.00 a.m. the informant along with the Sub Inspector of Police, Constables Shambhu Bahadur Singh (not examined), Constable, Havildar Ramdas Sah (not examined), Constable, Anil Kumar Tuddu (not examined), Constable, Munna Kumar (not examined), Constable, Phuleshwar Yadav and the driver, Constable, Nagendra Jha proceeded for night patrolling in law and order duty on the occasion of Durga Puja and when the patrolling party, during patrolling, reached at Baisi whereas on National Highway No. 31 at about 03.15 a.m. and got stationed and was walking along the road then one Maruti Van was seen coming from the side of Dagarwa at about 03.30 a.m. When the Maruti Van reached near the patrolling party then one of the Constables lighted the torch towards the van and on this the driver of the said Maruti Van driven away his Maruti Van at recklessly high speed which gave doubts about some crime and then the patrolling party chased the van, but, the driver of Maruti Van could not drive it out as the road was in dilapidated condition and so the driver stopped the v an and tried to flee away towards the petrol pump and the informant and his party also chased and caught hold all the three persons and brought them near Maruti Van and interrogated, they disclosed about the ganja in the dicky of the said Maruti Van. The apprehended three persons disclosed their name as Maruti Ranjan Singh, Mohan Sah and Dinesh Kumar Bhagat. Maruty Ranjan disclosed that he is the driver of the van and the vehicle belongs to one Rajendra Singh, his relative. Some people colleted there, one person disclosed that the ganja loaded in the Maruti Van belongs to Hari Shankar who after unloading the ganja from a truck send the ganja in this van and impressed that he will meet at Raiganj. Further, case is that the person assembled at the place of occurrence, out of them two persons, Ashok Mahto and Mahtu Mahto, were chosen as independent witnesses and the ganja recovered in seventeen packages from a gunny bag was kept in a ten box. The seizure list was prepared which was signed by the witnesses as well as the accused persons and a copy of the seizure list was handed over to them.

(3.) On the basis of the self statement of the informant, the first information report was lodged on 13.10.2002 at 05.45 a.m. and after investigation, charge sheet submitted, cognizance taken and the charges framed on 22.08.2003 under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, against the three accused persons, Maruti Ranjan Singh, Mohan Sah and Dinesh Kumar Bhagat. However, after grant of bail Mohan Sah and Dinesh Kumar Bhagat found absconding and since one accused has not been granted bail and by order, dated 08.05.2008 the case of two accused, Mohan Sah and Dinesh Kumar Bhagat bifurcated and separated and the trial of Maruti Ranjan Singh proceeded.