RAJKISHORE PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 26.8.2006 passed by the Additional Sessions Judge-I-cumSpecial Judge, Sitamarhi in Tr. No. 43 of 2006 (G.R. No. 40 of 2004) by which the Appellant was found guilty of committing offence under Sections 20 (b)(ii)(c ) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act'). After hearing the Appellant on sentence on the same day, the learned trial judge was directing the Appellant to suffer rigorous imprisonment for ten years as also to pay a fine of rupees one lac, in default of payment of which the Appellant was to suffer rigorous imprisonment for a further period of one year.

(2.) The prosecution case is based on the self-statement of P.W. 4, namely, S.I. Prakash Kumar Sharan of Piprahi Police station. It is stated that on 18.2.2004 at about 7 A.M. he received a secret information that someone was carrying Ganja on an old motorcycle and was coming towards Piprahi from Belwa Ghat. Accordingly, the informant along with Naseem Akhtar (P.W.2), chowkidar No. 7/16 Ram Pukar Paswan (P.W. 3), started for Belwa Ghat by police jeep. As soon as he reached near Amba Kothi, he saw a motorcycle carrying two persons coming from Belwa Ghat side. Seeing the police jeep, the occupants of the motorcycle abandoned their Rajdoot motorcycle and started running away. The person who was driving the motorcycle made good his escape whereas the other who was the pillion rider, was captured and it was this Appellant Raj Kishore Prasad Yadav. It is alleged that on search of the motorcycle, it was found carrying nine packets in the dickey and in the space under the seat and each packet was containing Ganja and total weight of the contraband was 39 Kgs. The contraband article along with the motorcycle was seized in presence of the witnesses and the arrested accused was brought to the police station where Ext. 2, the self- report was lodged, upon which FIR of the case (Ext.4) was drawn up.

(3.) The case was investigated into by P.W. 7 SI Shyam Sunder Singh, who drew the sample of the seized contraband and sent it to Forensic Science Laboratory, Muzaffarpur for chemical analysis and finding the material sufficient, sent up the solitary accused for trial, which ultimately ended in the impugned judgment.