SANTU @ SANJAY KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Suraj Narayan Yadav, learned counsel for the appellant and Mr. S.A. Ahmad, learned APP for the State. The instant appeal arises out of the judgment dated 6.6.2011 and the order dated 9.6.2011 passed by the learned 1st Additional Sessions Judge -Cum -Special Judge (NDPS Act), Purnea in Special Case No. 16 of 2008 whereby the appellant has been convicted for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short "the NDPS Act") and sentenced to undergo RI for ten years and to pay a fine of Rs. 1 Lakh and in default to undergo imprisonment for a further period of six months.

(2.) THE prosecution case, in brief, is that on 5.4.2008 the informant Arvind Kumar, Officer Incharge of Banmankhi Police Station received confidential information that one person is selling ganja in Rajhat near Rain Basera. He immediately informed the Sub -Divisional Police Officer, Banmankhi in this regard. The Sub -Divisional Police Officer, Banmankhi, on receipt of the information, came to the police station. Accordingly, the informant along with Sub -Divisional Police Officer, Banmankhi, Sub -Inspector of Police, R.B. Chaudhary and Constables Subh Narayan Singh, Chandra Shekhar Singh, Sanjay Kumar and Madan Kumar proceeded from the Police Station at 2.30 p.m. after recording sanha for verification and inquiry in respect of information received by him. At about 2.40 p.m., they reached at Rajhat near Rain Basera. The informant noticed that one person on seeing the police jeep started fleeing away. The constables and other members of the raiding party apprehended the said person after some chase. He was searched in presence of two independent witnesses and on search 50 packets of ganja, each containing 5 gram and weighing 250 gram in all were recovered from the two pockets of his shirt. On being asked by the informant, he disclosed his name as Mohan Sharma @ Mahangu. On being asked by the informant, he could not produce any paper or document relating to the said ganja nor could give any satisfactory reply. Accordingly, the ganja so recovered was seized and a seizure list was prepared in presence of two independent witnesses. The apprehended accused further disclosed to the informant that Sanjay Kumar @ Santu and Santosh Kumar both sons of Sri Bodh Narayan Bhagat, resident of village and P.S. -Bihariganj, District -Madhepura used to trade in ganja in huge quantity from their residence. Accordingly, the informant arrested the accused Mohan Sharma @ Mahangu and proceeded with the police towards Bihariganj for verification and inquiry regarding the information received from the arrested accused. Firstly, they reached at Bihariganj Police Station at 5.10 p.m. and informed the Officer Incharge of Bihariganj Police Station regarding the information received by them and, thereafter, they raided the house of the appellant along with the Officer Incharge of Bihariganj Police Station at 5.15 p.m. In presence of two independent witnesses, the house of the appellant was searched. The appellant was found present in his house whereas his brother, namely, Santosh Kumar, another co -accused, was found missing. In course of search, seven packets of ganja kept in red polythene packets weighing 43 kg and a balance of brass were recovered from Diwan (Palang) kept in a room of the house. The informant has also alleged that Rs. 3,075/ - in cash was also recovered from possession of the appellant. On being asked by the informant, the appellant could not produce any document relating to the recovery of ganja and accordingly, the informant seized the same in accordance with law.

(3.) IN order to prove the charge the prosecution has examined eleven witnesses, in all.