ANIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sec. 27(A) of the Narcotic Drugs and Psychotropic Substance Act (in short the Act) and has been sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000.00and in default to pay the fine he will have to further undergo rigorous imprisonment for two years.

(2.) The appellant pleaded not guilty and has stated that he has been falsely implicated in this case due to enmity.

(3.) The prosecution in support of its case has examined altogether 9 witnesses. PWs. 1 and 2 Rajesh Kumar and Hariji Prasad are the seizure list witnesses and both have been declared hostile as they have not supported the case of the prosecution. PW. 3, Siyaram Singh and RW. 4, Dhrub Rai are the constables. Both of them have accompanied the informant up to the place of occurrence. RW. 5, Manoj Kumar has also been declared hostile. RW. 6 is Ram Nath Prasad and RW. 7 is Parmeshwar Dayal. Their evidence are not related with the case. RW. 8, Madhusudan Dey is the I.O. of this case. RW 9 is a formal witness who has proved the written statement written by the informant which has been marked as Ext. 2. PWs. 3 and 4 who are said to be the eye witnesses of the occurrence have supported the case that the appellant Anil Singh was standing on the eastern gate bearing check shirt and a full pant. When he reached near Hathua Market alongwith the informant having seen them the appellant started fleeing away. On a chase he was apprehended. A search was conducted by Raj Kumar Singh and a red colour polythene containing powdering substance was recovered from his full pant. The appellant disclosed his name. Both the witnesses identified the appellant in court also.