RAMDEO DOM Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The sole appellant has been convicted under Sections 20B(ii)c, 228 and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act') and has been sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh for each offence and for non-payment of fine to undergo simple imprisonment for two years.

(3.) The prosecution as alleged in the first information report by the informant Naseeb Singh, Inspector, Sashastra Seema Bal, Mediharva, 27th Battalion, Narkatiyaganj, that on 31.08.2009 at about 23.15 hours he received secret information that some Nepalis are bound to smuggle Nepali ganja in the territory of India crossing the Indo-Nepal border and, then, he constituted an armed force (raiding party) and at about 03.50 A.M. they saw 5-6 persons coming from Nepal towards India and then raiding party asked the persons to stop then all the persons started fleeing away and on chase one of them was caught and others managed to escape taking advantage of the darkness. The person, apprehended, disclosed his name as Ramdeo Dom and disclosed that the said Nepali ganja belongs to Ramchandra Mahto and Mahipal Mahto. The accused was searched before two independent witnesses, Bulai Thakur and Parmeshwar Yadav, 12 big bundles each containing about 10 Kg and 13 small bundles each containing about 2-1/2 Kg in total about 150 Kg Nepali ganja was recovered which was weighed on the balance rod with the help of the local public and seizure list prepared and one copy of the same was given to accused, Ramdeo Dom, who put his left thumb impression and on the fardbeyan of Nasib Singh, informant, the first information report was drawn. The seized article along with the accused and written report was handed over to the Officer-in-Charge of Purshottampur Police Station and on the basis of the said written report the first information report was lodged at the instance of P.W. 6 and on the written report by the informant an endorsement was made and P.W. 6 himself being the Officer-in-Charge of the Police Station assumed the investigation, recorded the statement of the informant and the witnesses, inspected the place of occurrence as well as recorded the statement of the seizure list witness and, thereafter, on 07.10.2009 went to the Court along with the seized article for permission to send the representative sample of the seized article and as per the direction of the Court he produced the ganja before Sri Rajiv Kumar, Judicial Magistrate, 1st Class, and sent the representative sample for examination to the Forensic Science Laboratory, Patna, and, thereafter, obtaining the permission of the superior officers, submitted the charge sheet. On submission of the charge the cognisance was taken and, thereafter, after framing of the charge the trial proceeded.