RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment and order of conviction and sentence dated 23rd of March, 2009, passed by the learned Additional Sessions Judge -IX, Patna in Special Case No. 62 of 2006 arising out of Srikrishnapuri P.S. Case No. 185 of 2006.

(2.) IN Cr. Appeal (DB) No. 456 of 2009 appellant Raj Kumar Singh has been convicted under Section 21(b) of the NDPS Act and has been sentenced to undergo R.I. for 7 years and a fine of Rs. 70,000/ -. In lieu of default of payment of fine, he has been directed to further undergo R.I. for one year.

(3.) THE prosecution case is based upon the written report of P.W. -4 Madan Kishore Singh, Inspector of Police -cum -Officer -in -Charge of Srikrishnapuri police station. In his written report dated 11.11.2006 addressed to the learned Chief Judicial Magistrate, Patna, it has been alleged inter alia that on the same date at about 7.45 a.m., he received a confidential information that two persons were standing with a motorcycle near the northern entrance gate of the S.K. Puri childrens park. They belong to a gang dealing in smack and if apprehended they can lead to exposure of a big gang dealing in narcotics. On receipt of such information, a station diary entry was made and the informant proceeded along with the police party from the police station to childrens park. When they reached near the northern gate of childrens park, two persons were found present there, one of whom was sitting on the parked motorcycle and other was standing near the motorcycle. They were talking to each other. When the informant inquired from them about their identity and the purpose for which they were there, they disclosed their names as Navin Kumar Singh and Raj Kumar Singh. Navin Kumar Singh was the person sitting on the motorcycle and he claimed to be the owner of the vehicle. On demand, he could not produce any paper or document in order to prove his ownership of the vehicle in question. They also stated that they were waiting for some one who was likely to come to meet them. But, on inquiry, they did not disclose the name of the person for whom they were waiting. It has also been stated in the written report that since the information was that they belong to a gang dealing in Narcotics, it was deemed necessary to effect the search in presence of a Magistrate and, as such, they were brought to Srikrishnapuri police station and Constables were asked to keep watch over them. The informant himself proceeded to the office of Sub -Divisional Officer, Patna Sadar and submitted an application for deputation of a Magistrate in order to carry out the search of the detained accused persons. One Laxman Bhagat, an Executive Magistrate, was deputed for the said purpose. Both the informant and the Executive Magistrate then came to the Police Station and in presence of the Executive Magistrate as well as in presence of local witnesses Sanjeet Kumar Singh (P.W. -2) and Ashok Kumar (P.W. -3) a search was carried out. From the possession of appellant Raj Kumar Singh two packets weighing 10 gm and 5 gm said to be smack was recovered. Upon search of appellant Navin Kumar Singh, 5 currency notes of Rs. 100/ - each and 2 currency notes of Rs. 50/ - each and some photographs were recovered. Out of the said currency notes of Rs. 100/ -, two sets of Rs. 100/ - were found of identical numbers. Similarly, two currency notes of Rs. 50/ - denominations were also found to be of identical number. Further, on search of the motorcycle belonging to appellant Navin Kumar Singh and tool box of which was opened from the key found in possession of Navin Kumar Singh as also from beneath the seat altogether 9 plastic packets and 3 paper packets containing yellowish powder weighing 7.5 gm said to be smack was recovered. It has also been alleged that apart from the aforesaid articles, some other chemical kept in a white plastic box was also found, regarding which, on inquiry the accused persons told that the same was used to aggravate and enhance the effect of smack. From the motorcycle in question weights used for measurement varying from 1 gram to 100 gram were also recovered and seizure list of the articles recovered from the person and possession of the two appellants as also from the tool box and from beneath the seat of the motorcycle in question was prepared. The accused persons confessed in presence of the Magistrate and the witnesses that they got the articles in question from one Chhathu Lal Paswan of Ara, a notorious trader of smack, for whose arrest a reward of Rs. 1,00,000/ - was announced and who was detained by Ara police a week ago and was remanded to judicial custody. They also confessed their involvement in business of smack and circulation of fake currency at the behest of said Chhathu Lal Paswan. Chhathu Lal Paswan had assured them that if they succeed in circulating the fake currency said to have been recovered from them, he would give them bigger consignment of currency notes. The appellants also revealed name of Mantu Rai of Digha, Bablu Rai of Rajapul, Siddhu of Sipara (Jakkanpur) and one Sanjay of Rukanpura, Bailey Road, who were also involved in dealing with narcotic drugs and fake currency circulation.