SANJIVAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SANJIVAN Singh is the appellant of Criminal Appeal No. 414 of 2000 whereas Anirudh Giri and Rajendra Giri are the appellants of Criminal Appeal No.415 of 2000. Mr. V.B.P. Ambastha, who has been appointed amicus curiae, represents the appellants of Criminal Appeal No.415 of 2000.

(2.) THE appellants have been convicted under Section Patna High Court CR. APP (SJ) No.414 of 2000 dt.02-08-2012 20(b)(1) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as the ' N.D.P.S. Act'). All the appellants have been sentenced to undergo Rigorous Imprisonment for each counts for five years.

(3.) TEN witnesses have been examined in this case. Out of Patna High Court CR. APP (SJ) No.414 of 2000 dt.02-08-2012 whom P.Ws. 1, 2, 3 and 5, the independent witnesses, have been declared hostile. P.W.4 and P.W.6 have not supported the seizure inasmuch as they have stated that the signatures, belong to them but the Ganja was not seized in their presence. As a result of their statement it could appear, that seizure was not made in the presence of P.W.4 and P.W.6.