VIJAY YADAV AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) These two appeals have been heard together and are being disposed of by this common order. The appellants have been convicted under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (for short "the Act") and Sec. 17 of the Criminal Law Amendment Act and sentenced them to undergo rigorous imprisonment for ten years for the offence committed under Sec. 20 of the Act with a fine of Rs. 50,000.00 each and in default of payment of fine, they have further been sentenced to undergo simple imprisonment for one year. They have further been sentenced to undergo rigorous imprisonment for one year for the offence committed under Sec. 17 of the Criminal Law Amendment Act with a fine of Rs. 5,000.00 each and in default of payment of fine they have further been sentenced to undergo simple imprisonment for six months. However, it has been ordered that all the sentenced shall run concurrently.

(3.) The prosecution case as alleged in the First Information Report by the informant Jagarnath Ray, Sub-Inspector, Barachatti Police Station is that on the direction of Senior Police Officer in the leadership of SDPO, Sherghati along with Officer-in-Charge, Dobhi, Officer-in-Charge, Sherghati and Officers of the C.R.P.F 36 and other Javans reached Barachatti and got secret information that in the house of Mukhiya Mahadeo Yadav of Bhalua Panchayat the extremist used to come and his brothers Shadeo Yadav and Raj Kumar Yadav are active members of the extremist group and they are smuggling Ganja. On the said information follwing the rule of seizure in presence of the two witnesses Baleshwar Yadav and Naresh Yadav searched the house of Mahadeo Yadav and recovered 6 big Jute bag and 7 plastic bag containing Ganja and under his bed a letter of 5 pages addressing to comrade Rakesh was recovered. The Ganja recovered before the witnesses was found to be 105 Kgs. and from the adjacent room which is said to be of Sahdeo Yadav gunny bag of Jute and plastic were recovered containing 53 Kgs. Ganja. From the room of Vijay Yadav 5 bags were recovered and from the room of Raj Kumar Yadav 6 guuny bag was recovered containing 120 Kgs. of Ganja and on inquiry it was learnt that Mahadeo Mukhiya along with his brothers used to live jointly and got a house constructed at G.T. Road for the study of the children and thereafter the seizure list was prepared.