DEEPAK KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Deepak Kumar @ Dipu @ Deepak Kumar Singh @ Dipu Singh has been convicted under section 20(b)(i) and section 20(b)(ii)(c) of the N.D.P.S. Act and have been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 1 lac and in case of non -payment of fine to undergo rigorous imprisonment for one year.

(2.) PROSECUTION case has alleged in the first information report by the informant Basuki Paswan (P.W. 5) that while he was in law and order duty at Patel Bus Stand, Ara along with A.S.I. Shankar Ram in armed force then at about 2.30 p.m. he saw three boys were with bags in suspicious condition. The informant and his party asked the three boys to stop but all the three boys were started fleeing away and then police party chased and catch hold of the boy along with a grey bag in his hand. When the name of the boys were asked before the two witnesses Gopal Chaudhary (P.W. 1) and Gautam Kumar (not examined), then he disclosed his name as Deepak Kumar Singh @ Dipu Singh. He also disclosed the name of his associates as Santosh Singh. The smell of ganja was coming out from the seized bag of Dipu Singh and then the Circle Officer, Ara Sadar was informed on telephone Rajiv Ranjan, C.O. Sadar reached there. In his presence as well as in presence of the witnesses they searched the bag of Deepak Kumar Singh. Three packets of ganja were recovered. One packet of ganja was found sealed in blue colour plastic cover was weighted and found 10 kg. and two packets of blue colour plastic cover ganja containing 5 kg. ganja each were recovered. Hence the total ganja were recovered from the bag and 20 kg. No paper was produced by the appellant Deepak Kumar Singh nor he gave any satisfactory reply. Hence the seizure list was prepared before the two witnesses as well as the Circle Officer. On enquiry, Deepak Singh disclosed that there is ganja in a bag on his associates which has been kept in Durga Mandir in the premises of the Railway Station. They proceeded to Durga Asthan in the premises of the Ara Station and their three green bags were found each contained 10 kg. of ganja and the seizure list of those three packets of ganja were prepared before Vikash Prasad and Dhiran Kumar. Further case is that from the seized ganja about 5 grams were taken out in 7 packets as exhibits.

(3.) AFTER submission of the charge sheet, the cognizance was taken. The charge was framed and trial proceeded for the offence under section 20(b) of the N.D.P.S. Act and for the offence under section 20(b)(ii)(c) of the Act for having in possession nowhere 20 kgms. of ganja.