SHEO JEE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant, Sheo Jee Rai, has preferred this appeal against the judgment of conviction dated 18.4.2009 and order of sentence dated 21.4.2009 passed in Mahnar P.S. Case No. 161 of 2006 by the 1st Additional District and Sessions Judge, Vaishali at Hajipur, whereby and where under he has been convicted under Section 20(b)(ii) C of the Narcotic Drugs and Psychotropic Act (hereinafter referred to as "the Act") and has been sentenced to undergo rigorous imprisonment for 12 years and fine of Rupees one lac and in default of payment of fine he was further directed to undergo rigorous imprisonment for one year.

(2.) On the basis of self statement of S.I.-Cum-Officer- Incharge, Devendra Chaudhary (P.W.18), the F.I.R. was registered. The farebeat of the informant, P.W.18 was recorded on the Dalan of Jang Bahadur Rai (now dead) on 24.10.2006 and it was alleged that on that date at about 9.05 A.M., when he was on patrolling duty to maintain law and order along with B.M.P. Hawaldar Moti Singh (not examined), Constable 41 Ravi Rai (P.W.17), Constable 96 Rajendra Bhagat (P.W.15), Constable 91 Prahlad Ram (P.W.16), Chaukidar 2/14 Gonaur Paswan (P.W.12), Chaukidar 2/7 Prem Kumar Paswan (P.W.11) and Driver Constable 399 Jai Chand Kumar (P.W.13). On that date at about 11.30 A.M., he received confidential information regarding the concealment of Ganja in the Dalan of the house of Jang Bahadur Rai (now dead). On receiving such information, the informant proceeded along with the police personnel's towards the house of Jang Bahadur Rai and with the assistance of onlookers Dinesh Prasad Singh (P.W.8) and Suresh Kumar Singh (P.W.1) the house of Jang Bahadur Rai (now dead) was searched. In course of search, from the Dalan of Jang Bahadur Rai (now dead) 10 bags of Ganja each containing 25 Kgs., total 250 Kgs. was recovered. A seizure list was prepared which was signed by the accused persons as well as P.W.1, Suresh Kumar Singh and P.W.8, Dinesh Prasad Singh. As no satisfactory reply was obtained from the accused persons regarding the seized Ganja, the case was registered under Section 20 of the Act. The Appellant, Sheo Jee Rai and another accused Jang Bahadur Rai were arrested. The informant has prepared his self statement/farebeat (Ext.2) and the signatures of P.W.1, Suresh Kumar Singh (Ext.1) and P.W.8, Dinesh Prasad Singh (Ext.1/1) were obtained on the farebeat. The farebeat (Ext.2) was forwarded and the F.I.R. (Ext.3) was drawn up. A seizure list (Ext.4) was also prepared.

(3.) After investigation charge sheet under Section 20 of the Act was submitted. On submission of charge sheet, the learned court below took the cognizance under Sections 20(b)(ii)C of the Act against the accused.