SANJEEV BARMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant has preferred this appeal against his conviction under Section 20(b) of the Narcotic Drug Psychotropic Substance Act ( hereinafter referred to as N.D.P.S. Act) and sentence to undergo rigorous imprisonment for ten years and pay a fine of Rs. 1,00,000/- (One Lac), in default of payment of fine further to undergo rigorous imprisonment for one year awarded by I Xth Additional District & Sessions Judge-cum-Special Judge, Patna in Special Case No. 13 of 2005 on 30th April, 2007 & 03rd May, 2007 respectively.

(2.) The case of the prosecution has reveal from Exhibit - 4, the complaint petition of Rakesh Ranjan Sinha (P.W. 1) the Intelligence Officer, D.R.I., Regional Unit, Patna is that on getting one confidential information he along with officers and staff of D.R.I, Regional Unit, Patna and two independent witnesses (not examined) rushed to Patna Junction in the night of 13.03.2005 and on arrival of Train No. 2423 UP Gawhati -New Delhi Rajdhani Express at Platform No. 2 at about 12.10 hours entered into Bogie No. 15579, Coach No. AS - 7 (A.C. 3 Tier) and reached near Berth Nos. 21 - 23 and after initial enquiry searched five luggages (three suit-case and three rexin bags) of the occupants of Berth Nos. 21 and 22 i.e. Sanjeev Barman (Appellant) and Md. Hisabuddin (absconding during trial), who were found traveling on the said two berths. The above luggages were found stored beneath the lower berth of the compartment in which Berth Nos. 21 - 23 falls and were also identified by the Appellant and co-accused as their own. Altogether, eight packets of Ganja wrapped in coloured polythene and tied by jute string were recovered. Thereafter, due to security point the officers along with luggages and occupants rushed to D.R.I. office, Patna where search and seizure were initiated in presence of the apprehended persons. The gross weight of eight packets of Ganja was found 62.4 Kg. and net weight was ascertained 60 Kg. and valued about Rs. 1,20,000/- seized at 2.30 hours on 14.03.2005 at D.R.I. office, Patna under Section 43 of the (N.D.P.S. Act). The statements of the persons apprehended recorded under Section 67 of the (N.D.P.S. Act) and both have as said confessed their guilt and carrying Ganja to be delivered to one Raju, resident of East of Kailash, New Delhi and the arrested persons were produced before the court on 15.03.2005 with seizure memo, original copy of statement, panchnama etc. On chemical examination of sample, it was established that the sample was of Ganja. After investigation charge-sheet was submitted cognizance was taken and trial commenced. After framing the charge against the Appellant on 12.06.2006 for the offence under Sections 20 (a) of the (N.D.P.S. Act) but during arguments vide order dated 13.04.2007, the charge was corrected as to be under Section 20 (b) of the (N.D.P.S. Act) without hearing either of the side.

(3.) Prosecution has examined altogether four witnesses besides the following documentary evidence by way of Exhibits -: