DINESH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Dinesh Das has been found guilty for an offence punishable under Sections 22(C) of the NDPS Act vide judgment dated 28.02.2012 and sentence to undergo RI for 10 years as well as fined of Rs. 1 Lac in default thereof, to undergo SI for two years vide order dated 29.02.2012 by 2nd Additional Sessions Judge -cum -Special Judge, West Champaran at Bettiah in Kangli P.S. Case No. 18/2010 has preferred this appeal.

(2.) GANKE Atwa, a SSB Constable filed a written report on 03.07.2010 before Officer -in -charge, Kangli P.S. alleging inter alia that on the same day at about 5.30 a.m., SSB Hawildar No. 9187147, Wamsi Atwa on getting confidential information, along with constable, Narendra Pd. Dewari, K. Pawalingam, Prashant Goswami, Tumo Kamdak came near Kangli railway halt at about 6:00 a.m. where they found one person standing west to road near tea stall of Jainuddin Mian in suspicious state and on account thereof, was apprehended. Local inhabitants were requested to become seizure list witness but none came forward and on account thereof, Narendra Prasad Dewari, Tumo Kamdak, the constables became seizure list witnesses in whose presence there was personal search of the person so apprehended and found two packets pasted with thigh and three packets tied at waist with string carrying Charas. On query, apprehended person did not show any document. He further disclosed his identity as Dinesh Das, son of Ram Chandra Das of Village - Suryajahan, P.O. Raniganj, P.S, Pokharia, Distt - Parsa, Nepal and had further confessed that he was carrying the aforesaid Charas to Gorakhpur for sale. Accordingly, Kangli P.S. Case No. 18/2010 was registered, sample was sent to FSL, witnesses were examined and subsequently thereof, charge -sheet was submitted under Sections 20, 22, 23, 27(A), 29 of the NDPS Act and on account of which appellant was put on trial and ultimately met with his conviction and sentence, the subject matter of instant appeal.

(3.) IN order to substantiate its case, the prosecution has examined altogether 6 PWs out of whom PW -1 is Prashant Goswami, PW -2 is Narendra Prasad Dewari, PW -3 is Wangsi Atwa, PW -4 is Tumo Kamdak, PW -5 is K. Pualingam and PW -6 is Birendra Narain Singh. Prosecution had also exhibited Ext -1 series, signature of seizure list witness, Ext -2, proforma of seizure list bearing signature of accused/appellant, Ext -3, Written report, Ext -4 FSL report, Ext -5, Formal FIR. Defence had not examined any DW but during course of examination of PW -3, he had exhibited the paper as Ext -A on the basis of which PW -3 had deposed.