ABDUL AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THESE appeals are directed against the judgment of conviction dated 12.08.2013 passed by the learned Special Judge -cum -1st Additional Sessions Judge, Samastipur in NDPS Case No. 8 of 2007 whereby and where -under the appellants Abdul @ Ziya (Cr. Appeal (SJ) No. 700 of 2013), Shakuntala Devi @ Raushan Khatoon (Cr. Appeal (SJ) No. 612 of 2013) and Ajit Kumar (Cr. Appeal (SJ) No. 695 of 2013) have been convicted for the offences under sections 20(b)(ii)(B) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act (for short the NDPS Act?) and the appellant Shakuntala Devi @ Raushan Khatoon has been further convicted under section 25 of the NDPS Act. These appeals are also directed against the order of sentence dated 16.08.2013 sentencing the three appellants to undergo rigorous imprisonment for 8 years and a fine of Rs. 50,000/ - and in default of payment of fine, rigorous imprisonment for one year under section 20(b)(ii)(B) of the NDPS Act; and rigorous imprisonment for 8 years and a fine of Rs. 50,000/ - and in default of payment of fine, rigorous imprisonment for one year under section 22(b) of the NDPS Act and further sentencing the appellant Shakuntala Devi @ Raushan Khatoon to undergo rigorous imprisonment for 8 years and a fine of Rs. 50,000/ - and in default of payment of fine, rigorous imprisonment for one year under section 25 of the NDPS Act. All the sentences, however, have been directed to run concurrently.

(2.) THE prosecution case is based on a written report of one Brij Bihari Pandey, SHO of Samastipur Muffasil Police Station (P.W. 3) recorded on 03.07.2007 at 14.05 hours at the house of the appellant Shakuntala Devi @ Raushan Khatoon wherein he has stated that he received a confidential information at about 13.00 hours on 03.07.2007 at Muffasil Police Station that the appellant Shakuntala Devi deals with narcotics and two persons have visited her house in connection with the sale and purchase of narcotics, namely, Ganja. After recording such facts in the station diary and after informing the Sub Divisional Police Officer and the Sub Divisional Officer, Sadar, the informant states to have proceeded to the house of the appellant Shakuntala Devi along with the Sub Inspector of Police, Din Bandhu Jha, Sub Inspector of Police, Kumar Brajesh and Sub Inspector of Police, Special Task Force, Hari Shankar Mishra. He states that on the spot, the Sub Divisional Police Officer and the Sub Divisional Officer, Sadar also arrived and in their presence as also in the presence of two independent witnesses, namely, Kamlesh Kumar (P.W. 1) and Awadhesh Kumar @ Tinku (P.W. 2), the house of the appellant Shakuntala Devi, who is stated to have been residing on the 4th floor of the building, was raided. During the course of raid, from the platform of the staircase quarter to nine kilogram Ganja kept in a steel container covered with plastic was recovered. The kitchen room of appellant Shakuntala Devi was also raided from where quarter to two kilogram Ganja kept in a small steel container covered with plastic was recovered. Two other persons were also found in the house, namely, Ajit Kumar (appellant in Cr. Appeal (SJ) No. 695 of 2013) and Abdul @ Ziya (appellant in Cr. Appeal (SJ) No. 770 of 2013). On query, Shakuntala Devi disclosed that the aforesaid two persons had come with the narcotics, which consignment had to be taken out in a day or two for sale. A seizure list was prepared in respect of the articles seized by Sri Vishwanath Thakur Sub Divisional Officer, Sadar (P.W. 4) on which the two independent witnesses, namely, Awadhesh Kumar @ Tinku and Kamlesh Kumar put their respective signatures.

(3.) THE seizure list prepared at the spot would indicate that it was prepared at 1.30 p.m. on 03.07.2007.