PREM KUMAR PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) PROSECUTION case initiated on written application of Muniram Singh, in brief, is that he along with a Home -Guard constable was returning O.P. after purchasing vegetable from Sonbarsa market. Jairam Bus was standing in front of Sonbarsa O.P., passengers were boarding on the Bus. One of the persons passed from the side of the informant was noticed with the smell of Ganja from his bag (Jhola). He was followed and asked to wait. He tried to board the Bus hurriedly but was apprehended by them. His bag was checked in presence of Ramashrya Yadav agent of the Bus and Sidhnath Singh owner of betel Gumti and others. Apprehended person disclosed his name as Prem Kumar Prasad son of Satyanarain Prasad of village Isarpur, P.S. Sahpur, District Bhojpur. From possession of apprehended Prem Kumar Prasad Ganja wrapped in Polythene in a gunny bag was recovered which was 1 kg 250 gms. Prem Kumar Prasad and seized article were handed over to Incharge O.P. Sonbarsa. Trial is ended in conviction and sentence to accused appellant for the offence under section 47 (a) of the Bihar Excise Act.

(2.) IT is pertinent to mention here that charge was framed in the case for the offence under section 20(b)(i) of N.D.P.S. Act and in alternative for the offence under section 47(a) of the Bihar Excise Act. Appellant has been convicted for the offence under section 47(a) of Bihar Excise Act but not for the offence under section 20(b)(i) of N.D.P.S. Act, validity of conviction and sentence awarded for the offence under section 47(a) of Bihar Excise Act is challenged by filing this appeal.

(3.) NOW it is for the Court to discuss if Bihar Excise Act is applicable in the case and conviction under section 47(a) is legal or liable to sustain because of remaining no jurisdiction of Bihar Excise Act for seizure or possession of Ganja.