CHANDRIKA KURMI Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Chandrika Kurmi has been found guilty for an offence punishable under Sections 20(c ), 22(c ) of the N.D.P.S. Act vide judgment dated 04.08.2009 and has been sentenced to undergo rigorous imprisonment for ten years as well as also fined Rs. One lac in default thereof, to undergo simple imprisonment for three years additionally, independently under both counts vide order dated 17.08.2009 by the Additional Sessions Judge -III -Cum -Special Judge, West Champaran, Bettiah in Shikarpur P. S. Case no.205 of 2002, Trial no.36 of 2002, G. R. No.2662 of 2002 has challenged the same under present appeal.

(2.) MANCHUN Prasad Singh (PW -10) filed written report disclosing therein that on 22.09.2002 at about 4.00 p.m., he received confidential information regarding assemblage of persons in the field at Sisai village for the purpose of sale -purchase of 'Ganja ' illegally, a raiding party was constituted and raid was conducted. As soon as, they had reached near school at village -Sisai, they found 10 -12 persons running away towards Northern direction. They, after getting down from Jeep, began to chase and during course thereof, one person was apprehended who after throwing bag was running therefrom. On query, he disclosed his identity as Chandrika Kurmi, the appellant and further shown his ignorance with regard to identity of other co -accused. Furthermore, during search eleven (11) bags of 'Ganja ' was recovered from a Sugarcane field weighing 140 kilograms, which was seized in presence of two seizure list witnesses namely Radhe Shyam Mishra and Sunil Mishra. The apprehended accused failed to disclose his entitlement regarding possession of aforesaid 'Ganja '.

(3.) THE defence case as is evident from mode of cross -examination as well as from the statement of the appellant recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence as well as that of false implication.