LAWS(PAT)-2012-3-172

SAHARSA.JAWAHAR SINGH Vs. THE STATE OF BIHAR

Decided On March 23, 2012
Saharsa.Jawahar Singh Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) MANDHATA Singh, J.

(2.) PROSECUTION case, in brief, is that informant received information about smuggling of Nepali Ganja by miscreants while he was on raid and enquiry into criminal activities of accused of Karjain P.S. 18/96 at Fakirna Chowk. Police party after receiving such information take position at some distance in north from Fakirna Chowk. They began to search/check small and big vehicles plying on road. During course of checking at about 4.00 P.M. a Maxi -407 came there, some persons were seen sitting on the roof, watching presence of police officials two or thre 17/e 4/ 20 o 1f4 t h P e am ge 2j1 umped down and started to flee towards east. Finding some suspicion they were chased and Police succeeded to catch one of them, he was interrogated, he displosed his name as Bhikhan Sah, another one who succeeded to flee was identified as Jawahar Singh. Apprehended miscreant Bhikhan Sah made a confession before the members of raiding party that he alongwith this appellant was engaged in smuggling Nepali Ganja rather he was working as labourer of this accused appellant Jawahar Singh. 2 kgs of Nepali Ganja was recovered from possession of Bhikhan Sah.

(3.) THE trial ended in conviction and sentence to this accused appellant for the offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as 'NDPS Act ').