PAWAN KUMAR RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - This appeal arises out of judgment of conviction dated 20.12.2014 and order of sentence dated 22.12.2014 passed by the learned 7th Additional Sessions Judge-cum-Special Judge, N.D.P.S., Patna in Special Case No. 34/12/Tr. No. 02/13 whereby the sole appellant has been convicted under Sec. 20(b)(ii)(C), 27A, 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") respectively and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lakh and in default thereof to undergo rigorous imprisonment for six months under section 20(b)(ii)(C), R.I. for ten years and to pay a fine of Rs. 1 lakh and in default thereof, to undergo R.I. for six months under Sec. 27A, R.I. for ten years and to pay a fine of Rs. 1 lakh and in default thereof to undergo R.I. for six months under Sec. 21(c) and R.I. for ten years and to pay a fine of Rs. 1 lakh and in default thereof, to undergo R.I. for six months under Sec. 22(c) of the N.D.P.S. Act with stipulation that all the sentences would be concurrent.

(2.) The first information report is based on the written report submitted by one Ramsevak Rawat, a Sub-Inspector of Police to the Officer-in-charge of Kankarbagh Police Station in which it has been alleged that on 1st Oct., 2012, while the informant was on morning patrolling duty along with constables Santosh Kumar Singh, Krishna Thakur and Janardan Kumar Yadav he got an information that some ganja smugglers with a purpose of business deal have assembled in the house of one Shakuntala Devi situated at Ram Lakhan Path, Ashok Nagar near Shiv Mandir and they have brought ganja from Nepal to Patna and they are trying to export the same outside Patna. It is alleged that thereafter, the informant gave information to the senior police officers and after receiving directions from them, they proceeded to the indicated place. At about 8.30 A.M. a raid was conducted and in presence of two independent witnesses namely, Chandan, son of Uma Shankar Prasad, resident of village and police station-Nagar Nausa, District-Nalanda and Ajit Kumar, son of Rishideo Prasad, resident of Mohalla-Ashok Nagar, Ram Lakhan Path, P.S.-Kankarbagh, Dist.-Patna, the informant inquired from the house owner Shakuntala Devi, wife of late Kameshwar Roy, who said that she had given a room on rent to the accused-appellant. In presence of the aforesaid two witnesses, the said indicated room was searched. The appellant was found present in the said room. In course of search from the west-north corner of the room, about 16 kg ganja kept in white coloured plastic gunny bag and about 7 kg ganja kept in yellow coloured gunny bag were recovered. It has been alleged that in all 23 kg ganja kept in 23 packets were recovered from the place of occurrence. In course of interrogation, the appellant disclosed that the said room belongs to one Ravindra Yadav, resident of Patepur Miranpur, Distt.-Vaishali (Hajipur) who is engaged in the business of ganja. Due to non-availability of Magistrate, a seizure list was prepared as per law. A copy of the same was served on the appellant and he was arrested accordingly.

(3.) On the basis of the aforesaid written report made by the informant Ramsewak Rawat, Kankarbagh P.S. Case No. 441 of 2012 was registered under Sec. 20, 21, 22, 27 and 27A of the N.D.P.S. Act and investigation was taken up. After investigation charge sheet was submitted by the police before the Magistrate and after taking cognizance of the offence, the learned Magistrate committed the case to the Court of Sessions for trial. The trial Court framed charges under Sec. 20(b)(ii)(c), 27A, 21(c) and 22(c) of the N.D.P.S. Act to which the appellant did not plead guilty and, accordingly, the trial commenced.