ASHOK KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted u/ss. 20(b)(i) and 25 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced to a period of two years R.I. and to pay a fine of Rs.2000/ - and in default of fine to undergo R.I. for two months each and also sentenced to a period of ten years and to pay a fine of Rs.1 lac each and in default of fine to undergo R.I. for two years each by the Sessions Judge, Darbhanga in Sessions Trial No.41 of 1990 by a judgment dated 27.5.1994. The prosecution case, in short, is that one B.S.R.T.C. bus was intercepted by the Customs department and from the chesis of the bus 29 packets of Nepali ganja weighing about 100 kgs were recovered. The appellant no.1 happened to be the driver, whereas the appellant no.2 is the Conductor of the bus concerned.

(2.) The prosecution has examined in all five witnesses. Out of whom, P.W.1, P.W.2 and P.W.3 are on the point of seizure, whereas P.W.4 and P.W.5 are tendered. The sole argument that has been advanced on behalf of the appellants is that the alleged ganja was never produced before the Court nor is there any F.S.L. report with regard to the alleged recovered article being ganja, in absence of which the conviction is baseless. On going through the evidence on record. I am surprised that indeed there is no report about the incriminating article nor does the Court seem to have taken any pains in this regard. In view of total paucity of any evidence that the articles seized were indeed ganja, I have no option but to allow this appeal.

(3.) Therefore, this appeal is allowed and the order of conviction and sentence passed against the appellants on 27.5.1994 by the Sessions Judge, Darbhanga in Sessions Trial No.41 of 1990 is set aside. The appellants are discharged from the liabilities of their respective bail bonds.