JAGAT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 2/7/2016 and the order dtd. 15/7/2016 passed by the learned Additional Sessions Judge-VII, Patna in Special Case No. 09 of 2013/ N.C.B No. 53 of 2013 whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and consequently sentenced to undergo rigorous imprisonment for thirteen years and to pay a fine of Rs.1.00 lac and in default to undergo rigorous imprisonment for a further period of two and a half years.

(2.) According to the prosecution case, on 26/2/2013, one Rohit Srivastava, an Intelligence Officer of Narcotics Control Bureau (for short 'NCB'), Patna Zonal Unit, Patna seized 25.450 kilograms of dark brown coloured semi solid resinous substance believed to be charas from the appellant near Mithapur Bus stand. His statement was recorded under Sec. 67 of the NDPS Act in which he confessed his involvement in the trafficking of contraband believed to be charas. After that he was arrested and taken into custody at 10:50 PM on 26/2/2013. He was produced by the aforesaid Rohit Srivastava (P.W.4) before the learned Sessions Judge-cum-Special Judge, NDPS Act, Patna on 27/2/2013 with a prayer to remand him to judicial custody, as the case was under investigation and a complaint was likely to be filed. On 27/2/2013 itself, the aforesaid Rohit Srivastava filed another application before the learned Sessions Judge-cum-Special Judge, NDPS, Act, Patna seeking permission for storage of seized contraband under the custody of NCB Malkhana, Patna and further for permission to forward the sample marked as S-1 to be sent to CRCL, Kolkata.

(3.) On receipt of the aforesaid applications, vide order dtd. 27/2/2013, the learned Sessions Judge-cum-Special Judge, NDPS, Act, Patna got registered Special Case No. 9 of 2013 and remanded the appellant to judicial custody. He also allowed the prayer made by Rohit Srivastava (P.W.4) and granted him permission to forward the sample to CRCL, Kolkata.