SUGAN LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 20 (b) (1) of the Narcotic Drugs and Psychotropic Substances Act (in short the Act) and has been sentenced to undergo rigorous imprisonment for five years and fine of Rs. 10,000/ -. In default of fine to undergo rigorous imprisonment for six months.

(2.) THE prosecution case, in short, is that the informant A.S.I, alongwith other police constables were on patrolling duty and while they were checking the vehicles the informant checked the bus no. B.P.W. 6621 and found the appellant sitting at seat no. 26 and had kept a brief case/ V.I.P near him. It has been further alleged that on suspicion the informant opened the brief case in presence of two independent witnesses and about 2 K.G. of Ganja was recovered from the brief case belonging to the appellant, Sugan Lal and for which the appellant did not show any legal paper. It has been further alleged that thereafter on the basis of the self statement of the informant this case registered under section 47A of the Excise Act and after investigation the police submitted charge sheet under section 47A of the Excise Act but the charge has been framed under section 20(b)(1) of the Act. Thereafter on the basis of the charge sheet submitted by the police cognizance was taken and thereafter the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in order to prove its case has examined only one witness, namely, Ram Eqbal Singh who is the informant of this case. According to him on 11.8.1987 he alongwith other constables constituted a raiding party and thereafter they checked the Bus No. B.P.W. 6621, namely, Jairam Coach at about 8.30 P.M. and during the said raid the appellant was found sitting at seat no.26 and had kept a V.I.P. brief case and after opening the same in presence of two independent witnesses four packets of Ganja about 2 Kg. was recovered from the said brief case in possession of the appellant and a seizure list was prepared and he himself prepared the seizure list and the copy of the said seizure list was handed over to the appellant who put his signature over it. He has further stated that he arrested the appellant on the spot and on the basis of his written F.I.R. this case was registered. He also investigated the case.