(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.) P.W.-2 Sanjeet Kumar Singh though admitted his signature on the search-cum-seizure list, which was marked Exhibit-1 but denied any search and seizure made from the appellants in his presence. He stated that on the instruction of the officials of Srikrishnapuri Police Station, he had put his signature. At this stage, he was also declared hostile by the Special Public Prosecutor and cross-examined by him. He denied the suggestion of deposing falsely.