BIGAU GOND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant was charged under Sections 21(b) and 27 of the Narcotic Drugs and Psychotropic Substances Act on Trial No.17 of 2006 arising out of Bhabhua P.S.Case No.63 of 2006 by the learned Ist Additional Sessions Judge, Kaimur at Bhabhua. By judgment dated 22.11.2008 the appellant was found guilty of committing the said offences and after hearing under Section 235 Cr. P.C. on 28.11.2008, the appellant was directed to undergo rigorous imprisonment for eight years as also to pay a fine of rupees forty thousand and in case of default in paying the fine, he was further directed to suffer rigorous imprisonment for an 2 additional period of one and half years. The appellant has preferred the present appeal to question the orders of conviction and sentence passed upon him by the learned trial Judge.

(2.) The basis of the prosecution case is the recorded statement(Ext.2) of P.W. 5 Pankaj Kumar Das, who was the Officer-in-charge of Bhabhua Police Station. He stated that he received an information that two persons were selling heroin near the shop of one Khedan Sah. He informed his Senior Police Officers by telephone and requested for deputation of a Magistrate for the purpose. Shri Jai Narain Jha, L.R.D.C.,Bhabhua( not examined) was deputed to accompany the raiding team formed by P.W. 5 and, accordingly, P.W. 5 along with L.R.D.C., Bhabhua came to Durga Talkies situated at Bhabhua-Chainpur Road and put themselves on an ambush. The informant stated that on making search of the persons who were allegedly selling something, he found a man moving fast towards Chainpur road. He was signaled to stop who started running to go into the orchard situated by the side of Petrol Pump. But, he was chased by the policemen and was captured. The other person jumped into the river and, thereby, succeeded in fleeing away.

(3.) The arrested person was questioned and he was found to be the present appellant and thereafter the Police Officer, P.W. 5 pointed out to the appellant that he was being accompanied by a Magistrate and that the appellant was to be searched in his presence to which the appellant readily agreed. In presence of Sheopujan Mishra (not examined) and Ghanshyam Prasad( not examined) the appellant was searched and found carrying a packet under his garment around his waist which was found containing some powdery substance which was suspected by the police to be heroin.