ABDUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this appeal assailing his conviction under Section 22 of the Narcotic Drug and Psychotorpic Substance Act and sentenced to undergo rigorous imprisonment for ten years and also pay fine of Rs.1/- lac, in default to further undergo rigorous imprisonment for two years awarded by Additional Sessions Judge-cum-Special Judge, Kishanganj, in Special Case no. 4 of 2002 on 10th August, 2007.

(2.) THE prosecution case, in short, as revealed from self statement of S.I. Md. Sanaullah, P.W.9, recorded on 29.01.2002 at about 09 A.M. at Gachhpara Hat near the grocery shop of appellant is that on same day at about 5.30 A.M. he received one confidential information that some brown sugar is kept in the shop of appellant and the same is to be disposed of soon. On getting such information, one raiding party was arranged consisting of S.I. Surendra Kumar Singh (not examined), M.S. Kindo (not examined), S.I. K.P. Singh (P.W.10) cum Investigating Officer, S.I. Deepak Kumar (not examined) and Havildar Imanuel Ekka (not examined) and armed guard Raj Kumar Singh (P.W.6), Jai Narain Mehta (not examined), Vijay Narain Khan (P.W.5) all proceeded on government jeep bearing no.B.R.-37-2436 after endorsing Sanha entry no.778, proceeded on Jeep and arrived at the place of occurrence at about 6.00 A.M. door of the shop was found closed but appearance of persons inside was being smelled, on knock, door was opened, raiding party found five persons therein who unsuccessfully tried to escape. However, from outside their identity was asked and they disclosed their respective names. THEy were further asked purpose of arrival of the Police and search to be made. On request of one of the persons there, Md. Zakir Hussain, one gazetted officer. Accordingly, Deputy Superintendent of Police was intimated through wireless. On whose arrival at about 07.00 A.M., after search of the raiding party search was conducted and one leather bag with brass packing was recovered with an endorsement `brown sugar` made in Thailand 1 lb. Attached with one small leather packet to be used as sample. On query, the appellant disclosed that all are in business of brown sugar and had been assembled there for that purpose. Some one was to come and receive the assignment which was seized and during further search from the posession of said Zakir Hussain, one loaded pistol was also recovered and for recovery of fire arm another case was instituted. Seized article was sealed there and after searching copy of the seizure list articles were brought to Police Station with all the apprehended five persons. After investigation, charge sheet was submitted, cognizance was taken and trial commenced.

(3.) OUT of ten witnesses, P.W.1, Ahmad Hussain, proved his signature, Exhibit-1, but asserted that it was taken on blank paper, declared hostile. Similarly, P.W.2, Alauddin, examined to state that his left thumb impression was taken on blank paper. He too was declared hostile. P.W.3, Naqrul Haque, P.W.4, Kalimuddin, also declared hostile as saiod nothing in the matter. P.W.5, Vijay Narain Khan, constable, member of raiding party, never turned up for further cross examination since deffered after one line cross-examdination on the date his examdination-in-chief was recorded. As such his evidence is also not worth consideration. P.W.6, Raj Kumar Singh, another constable and member ofraiding party, in cross examination has changed the time of raid from morning to evening. Thus, his evidence is also meaningless for prosecution. P.W.8, Iqbal Alam, is a formal witness, proved Exhibit-4.