RAJENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 15-9-2003/16-9-2003 whereby the appellant has been convicted for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as 'N.D.P.S. Act' and sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,00,000/- (one lac), and in case of default of payment of fine he has to undergo rigorous imprisonment for two years. He has also been convicted for the offence under Section 22 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,00,000/- (one lac), and in case of default of payment of fine, he has to undergo rigorous imprisonment for two years. However, he has not been found guilty of the charge under Section 23 of the N.D.P.S. Act and has been acquitted of the said charge.

(2.) Bimlesh Chand Sinha, Sub-Inspector of Police of Bettiah Police Station is informant in this case. He recorded the Fardbayan on his own statement stating therein that on 12-1-2002 he along with Assistant Sub-Inspector of Police Harendra Nath Rai, Homeguard Constables Upendra Ram, Yogendra Ram, Dhruvnath Prasad and driver of Government Jeep bearing No. BR22A/4444 Mohan Yadav were on patrolling duty with effect from 8 a.m. At about 1.30 p.m. when he reached near Station Chowk he saw a person with three bags moving speedily towards station seeing the police party. He followed him and on chase he caught hold of him. On inquiry he disclosed his name as Rajendra Prasad and stated that he was going to Muzaffarpur along with the bags containing ganja. However, he could not produce any valid document to carry ganja. He seized all the three bags covered with plastic in presence of the witnesses and prepared a seizure list in presence of Rajeshwar Singh and Bhim Kumar Yadav, who put their signatures on the seizure list. Rajendra Prasad accused also put his signature on the seizure list. A copy of the seizure list was also handed over to him. He also disclosed that he is a member of Homeguard. The seized article was weighed and 18 Kg. of Ganja was found. On the basis of the aforesaid Fardbayan a formal F.I.R. was drawn. Investigation was taken up. On completion of investigation charge-sheet was submitted against Rajendra Prasad. On receipt of the charge- sheet cognizance was taken by the Sessions Judge and the case was transferred to 2nd Additional Sessions Judge for trial. The trial Court convicted the appellant, as indicated above. However, the appellant was acquitted for the offence under Section 23 of the N.D.P.S. Act. The defence of the appellant was that there was agitation of Homeguard jawans of Bettiah Unit in the month of December, 2001 and in order to disperse the agitation the Bettiah town police including the informant resorted to lathi charge on them in which he also received injury. He was convener of Homeguard organisation at Bettiah. The informant had also threatened him and on account of the said reason he has falsely been implicated in this case.

(3.) The prosecution in support of its case has examined 10 witnesses. P.W. 1 and P.W. 2 are witnesses to the seizure and have been declared hostile. P.W. 8 is a hotel owner and he has also been declared hostile. P.Ws. 3, 5 and 6 are Homeguard Constables and P.W. 4 is driver of the jeep and they have been declared hostile. P.W. 7 is informant and P.W. 9 is Investigating Officer. P.W. 10 had produced the seized articles in the Court.