CHHATHO KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act) and sentenced to rigorous imprisonment for 14 years and fine of Rs. one lac or, in default of fine, simple imprisonment for two years.

(2.) THE prosecution case, briefly stated, is as follows. Ram Keshwar Singh, Officer -in -charge of Ram Nagar Police Station, received confidential information on 1.11.97 at about 9.40 A.M. that two women were carrying charas in plastic bags at Raili Bazar, Ram Nagar. He made station diary entry to that effect and proceeded to Raili Bazar along with Mahadeo Singh and Tirith Kumar Jha, Sub -Inspector/Assistant SubInspector of Police. When they reached Raili Bazar, they noticed the appellants who on seeing the police made attempt to hide themselves. However, they were caught by the police party. Plastic bags which they were carrying were searched in presence of witnesses, namely, Mankeshwar Ojha and Kasim Khan. The search yielded recovery of 7 kgs of charas. The article was seized and seizure list was prepared on the spot on which the said witnesses affixed their signatures. The appellants also gave their LTIs on the seizure lists. A copy of the seizure list was handed over to them.

(3.) AT the trial, the prosecution examined 7 witnesses to prove its case. Ram Keshwar Singh, Mahadeo Singh, Tirith Kumar Jha were examined as P.Ws. 1, 2 and 3. Rameshwar Patel and Balram Rai were examined on the point of recovery as P.Ws. 4 and 5 but they turned hostile. The seizure list witness, Mankeshwar Ojha who was examined as RW. 6, also turned hostile. Subrat Gupta, Assistant Director, Forensic Science, Laboratory was examined as P.W. 7 to prove the sample was tested positive as Charas. He proved the report.