NARAYAN MAHTO AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is judgment of conviction dated 19.11.1992 whereby and whereunder appellants Narayan Mahto and Naresh Mahto have been found guilty for an offence punishable under Sections 20(b) (i) of the NDPS Act and order of sentence dated 21.11.1992 whereby both of them have been sentenced to undergo RI for four years as well as fined Rs. 5000/- in default thereof, to undergo SI for one year additionally, independently, in connection with Sessions Trial No. 156/1992/06/1991 passed by 6th Additional Sessions Judge, Nalanda at Biharsharif.

(2.) Ramakant Sharma (PW 3) had recorded his self statement disclosing therein that as per direction of Officer Incharge, he along with other police personnel proceeded to apprehend suspect of Hilsa PS Case No. 130/1990, namely, Narayan Mahto and Naresh Mahto of village, Akair. When they reached at the village, they were informed that these two accused persons are also engaged in dealing with narcotic substance and further, if raid is conducted instantaneously, the narcotic substance will be recovered. Accordingly, they conducted raid and from a room located at upper floor, a polythin was found on the bed, after opening of the same 2 Kilograms of Ganja was found. Both the accused were found having concealed themselves beneath the bed who were apprehended. During interrogation, it has also been submitted that they have not explained recovery of Ganja satisfactorily. Therefore, being in possession of Ganja in contravention to the law attracs prosecution and on account of which self statement has been furnished.

(3.) On the basis of aforesaid self statement, Hilsa PS Case No. 174/1990 was registered and investigation commenced and after completing the same, charge-sheet was submitted whereupon trial commenced and concluded in a manner, subject matter of the instant appeal.