RAM BRICHH BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. for the State.

(2.) The present criminal appeal has been preferred against the judgment of conviction dtd. 17/8/2017, and the order of sentence dtd. 26/8/2017, passed by Sri Krishna Bihari Pandey, 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, East Champaran at Motihari in N.D.P.S. Case No. 154 of 2012 whereby and whereunder the appellant has been convicted for the offence under Sec. 20(b)(ii)(c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a term of twelve years and a fine of Rs. one lac, and in default of payment of fine an additional period of imprisonment for a term of six months. It was further directed that the period already undergone by the appellant in custody will be set of in the said sentence.

(3.) The prosecution case as per the written report of the informant-cum-S.H.O. Raxaul Police Station is that on 30/11/2012 at 13:00 hours, informant received confidential information about contraband i.e. 'ganja' to be kept in the house of accused Ram Brichh Baitha situated at village Chainpur. Thereafter the informant along with other police personnel left the police station in a police jeep and reached near the house of accused Ram Brichh Baitha and surrounded it from all sides. In front of two independent witnesses, namely, Shambhu Sharan Patel and Krishna Prasad of village Chainpur, the house of accused Ram Brichh Baitha was searched and 70 kilogram 'ganja' was recovered in 10 bundles each containing 7 kilogram. One person was also arrested during search who disclosed his name as Ram Brichh Baitha . On enquiry, the accused neither produced any licence or valid documents nor replied satisfactorily. Thereafter, a seizure list was prepared in presence of two independent witnesses who also signed on them voluntarily.