SANJAY PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has been convicted under Section 21 of the N.D.P.S. Act, 1985 for the alleged possession of five grams heroin and sentenced to undergo rigorous imprisonment for ten years as well as fine of Rs.20,000/- and in case of default to undergo rigorous imprisonment for three years.

(3.) The prosecution case as alleged is that on confidential information, accused Sanjay Paswan is selling heroin, the informant along with the raiding party proceeded and found a man running away after arrival of the police in Lungi and shirt. He was chased and caught hold and disclosed his name as Sanjay Paswan and on search of his body in the presence of Laxman Prasad and Raju Prasad Kesri, the police recovered three doses of heroin from upper pocket of the shirt and seven doses from the waist of the accused persons and on being weighed it was found five grams. The articles were seized, seizure list was prepared. On the written report FIR was drawn and after investigation charge-sheet submitted, cognizance taken and subsequently charge framed and trial proceeded. During the trial four witnesses were examined as P.W. 1 are Ramakant Uppadhaya, P.W. 2 Raju Prasad, P.W. 3 Mohima Nand Pandey and P.W. 4 Shiv Janam Singh. The witnesses have supported the prosecution case about the raid, search and seizure of heroin from possession of Sanjay Paswan.