MANNA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The sole accused-appellant has preferred this appeal against the judgment of his conviction and order of sentence dated 24.1.2003/25.1.2003 passed by Sri Ram Niwas Prasad, Additional Sessions Judge, Fast Track Court No. 5, Sitamarhi in G.R. No. 194 of 2000, Tr. No. 10 of 2002. The accused-appellant has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for ten years and also to pay fine of rupees one lac and in default to further undergo rigorous imprisonment for three years.

(2.) THE prosecution story in short is that on receipt of a secret information the then Officer Incharge of Pupri Police Station, namely Rajesh Barnwal (P.W.7) along with police party on 20.5.2000 at about 5 PM laid a trap near Madhubani chowk to nab criminals carrying ganza. In the meantime two persons on a Yezdi motorcycle came near the chowk from the side of Sursand-Pupri Road, Police party challenged them upon which one of them managed to flee away. However, the other, the accused-appellant, was caught along with motorcycle having a cartoon/bag tied on carrier. THE Officer Incharge (P.W.7) in presence of two local witnesses, namely, Jai Nath Mahto (P.W.1) and Chandeshwar Ram (P.W.2) and police personnel searched the cartoon/packet and seized about 20 kg. of Ganza. A copy of seizure list prepared by P.W.7 was also given to the accused-appellant.

(3.) IN course of the trial, the prosecution examined altogether seven witnessed including the informant as P.W.7 and two seizure list witnesses as P.Ws.1 and 2.