ARUN KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. N.K. Agarwal (Sr. Advocate), learned counsel appearing for the appellant as well as Mrs. Anita Kumari Singh, learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred by the appellant being aggrieved and dissatisfied with the judgment of conviction dtd. 17/5/2006 and order of sentence dtd. 22/5/2006 passed by learned Additional Sessions Judge,I, Purnea in Special Case No. 10 of 2000 and 01 of 2000 arising out of Sadar P.S. Case No. 110 of 2000 whereunder appellant- Arun Kumar Das has been convicted to undergo rigorous imprisonment for 7 years for the offence under Sec. 15(b) of the N.D.P.S. Act.

(3.) Prosecution case in short, is that, on 5/5/2000 at about 02.50PM, the informant, namely, Arbind Kumar, S.I. (P.W-7) got confidential information that at the marketing yard, Gulabbagh, three bags of poppy straw have been loaded on the roof of Pal bus which is on its way from Purnea to Siligurhi. It is further alleged that 30 kg of Poppy straw was recovered from the aforesaid bags and appellant was found sitting on the roof of the bus. Upon query from appellant, he could not provide any paper for transporting of 30 kgs danthal of posta dana (poppy straw). Seizure list was prepared in presence of two witnesses namely Sanjay Kumar Sharma (P.W.-1 and Md. Zahid Alam (P.W.-2).