STATE THROUGH INTELLIGENCE OFFICER Vs. GYANI PRASAD

JUDGEMENT

(1.) This government appeal is preferred against the judgment and order dated 04 th March, 2002 passed in N.C.B. Case No.6 of 1998 by Sri Dharnidhar Jha, Sessions Judge, Rohtas at Sasaram by which learned Sessions Judge has acquitted the respondents from the charge under Section 20(b) (i) read with Section 8 (C) of the Narcotic Drugs and Psychotropic Substances Act.

(2.) Prosecution case initiated on fard-bayan of one Manohar Singh Baba, Intelligence Officer, Narcotic Control Bureau, Varanasi, in brief, is that he (informant) received an information about selling of Ganja? by one Raju Prasad Sah (respondent no.2) and also concealing its huge quantity. He reported the matter to his higher officials and obtained an order regarding conducting of raid. Accordingly, he along with Binay Maharaj, Karnail Singh, Rama Raman Tripathi, K.P. Ojha and S. K. Tiwary came to Nasariganj on 09.12.1998 at about 9.00 A.M., here he met two persons namely Babudhan Prasad and Lal Babu Ram. Informant disclosed their identities and informed them about the information received by him and requested them to remain present at the time of search, which was accepted by the both. Informant along with officials accompanying him and witnesses came to the shop of Raju Prasad Sah where accused Gyani Prasad was found sitting. He (informant) disclosed his identity as well as of others accompanying him. He further stated about receiving of information about concealing of Ganja? in shop in huge quantity and his intention to search it. He further informed Gyani Prasad in writing that if he was so wishing, the search might be in presence of a gazetted officer or a Magistrate, to which accused Gyani Prasad refused and allowed PW-1 and his companion to search the shop. On search, 3-5 kilograms of Ganja was recovered, which was seized. Samples were taken from seized Ganja? in two different envelopes, remaining recovered Ganja? was sealed separately in a piece of cloth, weighing machine with some weights recovered and seized also.

(3.) A memo was prepared, its copy was handed over to Gyani Prasad Sah, who was arrested and a confession was also made on his behalf to the effect that co-accused Raju Prasad Sah was owner of the shop and he was working as only salesman on payment of monthly salary.