SANJAY KUMAR CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been filed on behalf of the sole appellant against the judgment of conviction and order of sentence dated 06.02.2001 passed by 3rd Additional Sessions Judge, Buxar in N.D. Case No. 10 of 1993 by which and whereunder he having found the appellant guilty for the offences punishable under Sections 20 (b) (ii) of N.D.P.S. Act, 1985 convicted him under the above said section and sentenced him to undergo rigorous imprisonment for ten years and a fine of rupees one lac was also slapped upon him.

(3.) ON the basis of aforesaid written report, being officer in charge of Buxar Town Police Station, P.W.1 himself registered Buxar Town P.S. Case No. 201 of 1993 under Sections 47 A of the Excise Act and 20(B) (i) of N.D.P.S Act, 1985 and handed over charge of investigation to one S.I, namely, Sri N. K. Singh. On the same day, formal first information report was prepared by P.W.1 against the appellant for the above stated offences and sent the formal first information report as well as written report to concerned Magistrate and the said formal first information report and written report were put up before the concerned Magistrate on 31.07.1993. The matter was investigated by the Investigating Officer and after completion of investigation, Investigating Officer submitted charge sheet for the offences punishable under Sections 47 A of the Excise Act and 20(b) (ii) of N.D.P.S Act against the appellant. On being receipt of the charge sheet, learned Sessions Judge, Buxar took cognizance and framed charge for the offence punishable under Section 20(b) (ii) of N.D.P.S Act against the appellant on 08.05.1995. The charge was read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.