RAMA SHANKAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Rama Shankar Singh, who has been found guilty for an offence punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act and has been directed to undergo Rigorous Imprisonment for 15 years as well as fined of Rs. 1,50,000/- (one lakh and fifty thousand) in default thereof to undergo Rigorous Imprisonment for three years additionally by Additional Sessions Judge-VII-cum-Special Judge, N.D.P.S. Act, Patna by judgment dated 22.11.2010, sentence dated 29.11.2010 in Khusrupur P.S. Case No. 95/2008, giving rise to Special Case No. 33/2008, 33A/2008 has preferred the instant appeal.

(2.) Ambika Manjhi (P.W. 4) had filed Written Report before Officer-in-Charge, Khusrupur Police Station on 22.07.2008 divulging the fact that while he along with other police constables was on night patrolling on 21.07.2008 at about 11:40 P.M., received confidential information that a person is carrying Ganja over Bus No. JH-01BD-2829, whereupon aforesaid bus was intercepted subsequently and one person was found over roof of aforesaid bus, who was apprehended and on interrogation disclosed his name Rama Shankar Singh, the appellant. Furthermore, he was told that in case he wants his search in presence of Gazetted Officer, same will be made available, however, he declined and on account thereof, was searched and during course thereof four packets of Ganja was recovered duly concealed beneath cotton sheet weighing 12 Kg., 9 Kg., 8 Kg., 6 Kg. respectively for which seizure-list was prepared in presence of seizure-list witnesses. On query, he (appellant) had detailed the source through which he was supplied aforesaid Ganja identifying Ram Pravesh Rai as well as Dinesh Rai. Accordingly, Khusrupur P.S. Case No. 95/2008 was registered under Sections 20, 22 of the N.D.P.S. Act and investigation was taken up, concluded by way of submission of charge-sheet whereupon cognizance was taken and trial commenced, concluded in a manner, subject matter of instant appeal.

(3.) The defence, as has been taken up by the appellant as well as coming from his statement recorded under Section 313 of the Cr.P.C., is of complete denial of occurrence as well as false implication.