AJAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act ') and has been sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/ -.

(2.) THE prosecution case, in brief, is that on 2.5.1990 at about 4.05 in the evening the informant Ram Ekbal Singh S.I. of Buxer police station alongwith A.S.I. Buxer police station, namely, Ramesh Kumar Singh and constabe Yogendra Rai proceeded from the Buxer Town P.S. in connection with investigation of Town P.S. Case No. 58/90 under section 379 of the Indian Penal Code; a different case. In the way when he reached at Piperpanti Road he received a confidential information that the appellant was selling the Heroin illegally at his furniture shop situated at Piparpanti Road Buxer. They proceeded towards the shop of the appellant at the said road for an enquiry and necessary step against the appellant. They reached near the shop of the appellant. It has been further alleged that after observing all the necessary formalities of search and seizure they entered into the house belonging to the appellant alongwith two local witnesses. When they entered into the room situated towards west he saw that a young man was closing the wooden suit -case. It has been further stated that having seen the raiding party the young man tried to flee away pushing out the members of the raiding party but the raiding party overpowered him. In the room a wooden suitcase was kept which was searched and during search three packets (Puria) of Heroin was kept concealed in a plastic bag was found which was seized and a seizure list was prepared in presence of the aforesaid two witnesses. On enquiry the appellant disclosed his identity and he was arrested. Thereafter a case was instituted. After completion of the investigations the police submitted chargesheet against the appellant. Thereafter cognizance was taken and the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in order to prove its case has examined altogether 4 witnesses. P.W.1 is Gopal 4/1/2013 Page 56 Karu Mian Alias Md.Karu,Gul Mohammad,Amina Khatoon Versus State Of Bihar Prasad. P.W.2 is Abdhesh Kumar Pandey. P.W.3 is Ram Ekbal Singh. P.W.4 is Md. Ayub.