UMA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 21 of the N. D. P. S. Act and was sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. one lac in default of fine to undergo rigorous imprisonment for a period of two years.

(2.) The prosecution case in short is that on 25-1-2000 a fard beyan of the informant Raj Narain Singh, S. I. of Police received confidential information to the effect that near the chamber of Hari Chaudhary, the father of the present appellant, some persons have gathered either for selling the heroin or consuming such drugs. Thereafter the informant got the 'Sanha' entry of such information recorded at the police station and he alongwith S. I. of police Lalan Paswan and other police official proceeded for the place of occurrence. While going to the place of occurrence the informant contacted the local B. D. O. and requested him to accompany the police party so that raid be conducted at the chamber of the accused. The police party alongwith B. D. O. reached at the place of occurrence and after seeing the police party the persons assembled there, tried to flee away but they were chased by the police party and the police succeeded in apprehending the accused persons and after his arrest the accused disclosed his name as Uma Chaudhary. He was apprehended at a distance of 100 yards east from the chamber. Thereafter the informant in presence of the two independent witnesses and the B. D. O. searched the body of the accused and 5 puriyas wrapped in polythene each puriya containing 5 gm. and one big puriya wrapped in polythene weighing 26 gm. was recovered from the conscious possession of the accused. Thereafter a seizure list Ext-1 was prepared at the spot and the same was signed by the appellant as well as two independent witnesses and B. D. O. P. W. 4. The appellant did not produce any document to show how he possessed 51 gm. of heroin. Thereafter the informant gave a written report (Ext-2) at the police station on the basis of which the present case bearing Mohania P. S. Case No. 19 of 2000 was instituted and after completion of investigation charge-sheet was submitted against the appellant. Accordingly the cognizance was taken and the case was committed to the Court of Sessions for trial and the trial was concluded with the result as stated above.

(3.) The appellant pleaded not guilty and has stated that he has falsely been implicated in this case.