MINTU MAHATON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant named above has preferred this appeal against the judgment of conviction and order of sentence dated 4.2.2009 and 9.2.2009 respectively passed in Trial No. 01 of 2003 by the learned Additional Sessions Judge, F.T.C. No. III, West Champaran, Betiah whereby he has been convicted for the offence punishable under Sections 20 and 23 of the Narcotic Drugs and Psychotropic Substance Act and has been sentenced to undergo rigorous imprisonment of 15 years and fine of rupees one lac on each counts and in default of payment of fine to further undergo rigorous imprisonment for three years on each counts. However, it was ordered that the sentences shall run concurrently.

(2.) ON the basis of self statement of Sub-Inspector of Police cum-Officer Incharge of Sahodra Police Station dated 2.10.2002 a case vide Sahodra P.S. Case No. 49 of 2002 was registered against Mantu Mahto and Surendra Mahto with regard to an occurrence of 3.45 AM on 2.10.2002. The information was received by the informant at 3.00 AM on 2.10.2002 that Ganja was being kept by Mantu Mahto- appellant and Surendra Mahto. This secret information led the informant to proceed with the police personnel for conducting raid at the house of the appellant. Accordingly, on that date at 3.45 AM the raid was conducted at the house of Mintu Mahto in presence of the witnesses Yognedra Yadav (PW 4) and Baldeo Yadav (PW 3). ON search, 10 packets Ganja kept in a Jute Bag was seized from a room situated on the western side, 10 packets kept in a bag from a room situated in the southern side and 15 packets of Ganja kept in a jute bag from the room situated in the eastern side of the house were seized. Seizure list (Ext. 1/2) was prepared on which two independent witnesses put their signatures (Ext. 1 and 1/1). ONe seized packet was weighed and it was found to be 25 Kilograms so it was calculated that total weight of 35 packets comes to 8 quintals and 77 Kilograms of Ganja and its price should be rupees eight lac and thirty thousand. Mintu Mahto was hiding himself in that room and he was nabbed. No explanation regarding possession of Ganja was given. It was suspected that this illegal trade was being carried by which the Ganja imported from Nepal in bulk was being sold in different locations of India. The case was registered under Sections 21, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substance Act against this appellant- Mintu Mahto, Surendra Mahto and two unknown.

(3.) NOW this Court is required to see as to whether the prosecution has been able to prove the charge against the appellant beyond the shadow of all reasonable doubts or not.