BAL KISHUN DANGAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the order of conviction dated the 30th March, 1992 and sentence dated 31st March, 1992 of the 1st Additional Sessions Judge, East Champaran, Motihari passed in S.T. No. 80 of 1991 whereby the appellant has been convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter, in short, to be referred to as the 'Act') and sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 1,00,000/- (Rupees one lac) and in default of payment of fine, further rigorous imprisonment for five years.

(2.) The case of the prosecution is that on 26th August, 1990, Krishna Mohan Verma, A.S.I. Excise (P.W. 3) along with excise Constables Siyaram Singh (P.W. 1) and Madan Ram (P.W. 2) came to the Tempo stand near Railway Gumti, Raxaul. They found appellant Bal Kishun Dangal in suspicious condition there. Then they conducted a search on his person and as a result of search, one paper PUDIA, containing 4 small PUDIAS containing smacks was recovered from the bottom folder of his trousers. The PUDIAS were kept concealed in the folder. After recovery, a seizure-list was prepared. The seizure-list in the writing and signature of P.W. 3 is Ext. 1. The seizure was made in presence of a public witness Arjun who also signed over it. His signature is Ext. 2/2. After seizure, the case was enquired into and then a prosecution report (Ext. 3) was filed. Sample of the recovered smacks was also taken and it was sent to the Office of the Director. Forensic Science Laboratory, Bihar, Patna. The report of the Director (Ext. 5) was received to the effect that heroin which is a diacetyl derivative of morphine was detected in the brown colour powder substance contained in the paper packet, i.e. the sample sent. After submission of prosecution report (Ext. 3), the appellant was put on trial and has been convicted and sentenced as above.

(3.) As many as five witnesses were examined by the prosecution. P.W. 3 Krishna Mohan Verma is the informant. P.W.1 Siyaram Singh and P.W. 2 Madan Ram are the two constables who are said to have accompanied P.W. 3 at the time of search and recovery of the smacks. P.W. 4 Kedarnath Tiwari is the I.O. of the case. P.W. 5 Santosh Prasad Yadav is a formal witness who has proved the writing and the type over the chemical examination report marked Ext. 5.