DHARMDAS RATHOR AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The appellants have been convicted under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as, "the Act") and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh each and for non-submission of fine to undergo rigorous imprisonment for three years each.

(3.) The prosecution case, as alleged in the written report by the informant, Bijendra Kumar Shahi, P.W. 7, then, Officer-in-Charge, Muffasil Police Station, Siwan, in his self statement on 05.05.2008 at 18.50 hours on the pitch road in front of the Police Station that on 05.05.2008 while he was proceeding to arrest the criminals as well as for seizure of the arms along with Sub Inspector of Police, R.P. Singh (P.W. 3) Havildar Bharat Singh (P.W. 4) Sachidanand Rai (P.W. 5) Shambhu Rai (not examined) and Constable No. 78, Aas Mohammad Ansari (not examined) for checking. In the meantime, two persons were coming on rickshaw from the side of Gopalganj. They jumped from the rickshaw and tried to flee away on seeing the police force, but, they were apprehended with the help of the police force. In presence of two independent witnesses, Mohan Kumar Gupta and Md. Guddu, the accused persons disclosed their names as Dharmdas Rathor and Dharmendra Jataw. On enquiry they disclosed the reason of fleeing away that they were taking ganja on rickshaw so on seeing police they flee away. Thereafter, in the presence of the two independent witnesses, above mentioned, the rickshaw was checked and then two gunny bags, one of plastic and other of jute were found having some material in it. The two bags were opened, each bag found to have containing 25 Kg of ganja wrapped in polythene bags and papers. Both were weighed and each bag found to have containing about 25 Kg ganja. The said articles were seized and seizure list was prepared on which both the witnesses signed and one copy of the said seizure list was also given to both the accused persons. On the basis of the written report in form of the self statement of the Officer-in-Charge of the Police Station, the first information report was lodged and investigation proceeded and after investigation the charge sheet was submitted, case committed to the Court of session and during the trial, after framing of charge under Section 20(b)(ii)(c) of the Act, eight witnesses were examined by the prosecution case.