BASANTI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for ten years.

(3.) The prosecution case, as alleged by the informant, Lallan Prasad Singh, P.W. 4, that he was posted as Trainee Assistant Sub Inspector of Police, then, he received a secret information on mobile that a bus is going to start from Muzaffarpur Bus Stand bearing registration No. BR -05AP -3339 and a lady sitting in bus in orange coloured saree with three air bags and attache is going to Patna, with ganja on which he recorded information as sanha entry No. 963 and for verification of the said information he proceeded with the raiding party and as soon as reached near the gate of Police Station of National High Way 28, then, saw the said bus, bearing registration No. BR -05AP -3339 coming, he got the bus stopped and found the lady sitting on the rear seat in orange coloured saree and before her a yellow -black strapped bag, one yellow -white -orange -blue coloured plastic bag, one yellow -white -orange -blue coloured plastic bag, one black coloured old air bag, one slate colour old attache of 18", with her were searched and from three bags, two packets of ganja containing 8 Kg each and from the air bag 8 Kg ganja and from the attache two packets, each containing 8 1/2 Kg ganja, in all about 17 Kg from the attache and total 51 Kg ganja recovered. The lady disclosed her name as Basanti Devi and admitted that ganja belongs to her and was taking it to Patna. She did not produce any paper with regard to ganja, hence, packet of ganja was seized before two independent witnesses and the seizure list prepared and the first information report instituted.