GANGA JALI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 7.2.2004 passed by the Sessions Judge-cum-Special Judge (N.D.P.S.), Buxar, in N.D.P.S. Case No. 30 of 2002 by which he has convicted the appellant under Section 20(b)(ii)(c) of the N.D.P.S. Act for contravening the provisions of Section 8(c) of the Act by being in unlawful possession of 160.5 Kgs. of Ganja and has sentenced her to undergo rigorous imprisonment for 12 years and to pay a fine of rupees one lakh and in default, to undergo further period of rigorous imprisonment for 2 1/2 years.

(2.) THE prosecution case as revealed from the written report is that on 16.11.2002 at 2.00 p.m. the informant S.I. Vinay Kumar Sharma, Officer-in-charge of Buxar Industrial Area P.S. received a reliable information that some contraband ganja was kept concealed in the house of one Bali Kohar of village Barkagaon within his police station and that the contraband ganja might be recovered if prompt action was taken. On getting that information he made an station diary entry regarding the information and sent information about this to the Superintendent of Police, Buxar and also the S.D.P.O. Buxar. He also requested the Buxar police station on telephone for assisting him in conducting a raid. On the basis of his information the Superintendent of Police sent a letter authorizing him to conduct the search. In the meantime, a raiding party also reached to assist the informant in the raid. THE informant, then along with S.I. Arjun Purti and others of Industrial Area Police Station and A.S.I. Nand Kishore Yadav and others of Buxar town P.S. started for Barkagaon village at 3.00 p.m. and reached there at 4.00 p.m. THE S.D.P.O. Buxar also reached there along with armed forces. In the village, two independent witnesses, Chittaranjan Mishra and Salik Nonia were requested to be associated in the raid. THEreafter, after observing the rules of search under the leadership of S.D.P.O. they searched the house of Bali Kohar in presence of the witnesses. In the house, the appellant was present, who disclosed her name as Gangajali Devi and further informed that she was the wife of Bali Kohar. During search, in the presence of the appellant and witnesses, seven bags of Ganja were recovered from a room of that house. On enquiry, the appellant informed that there was ganja in the bags and the bags were temporarily kept there by Kishun Dusadh and Ghanshyam Mishra as raid was going Page 2386 on in village Balihar. It is further said that the informant then immediately sent information on WLL phone to the Superintendent of Police, Buxar about the recovery of Ganja and in presence of the witnesses, he prepared the search-cum-seizure list. He gave one copy of the seizure list to the appellant. THE bags were marked and weighed and it was found that they weighed total 160.5 Kgs. He took sample from each bag in presence of all concerned and kept the samples in a carton and by wrapping a cloth around it, sealed it. He also sealed the bags containing the remaining contraband article. THEreafter, he arrested the appellant and then on the self statement of the informant (Ext.5), the case was registered.

(3.) THE appellant was charged under Section 20(b)(ii)(c) of the N.D.P.S. Act for contravening Section 8(c) of the N.D.P.S, Act. THE appellant pleaded not guilty to the charge. Her statement under Section 313 Cr.P.C. is that she is innocent and the allegations are false. She has filed voter's photo identity card (Ext.A) of her husband and red card (Ext. B) to show that the house in question does not belong to them and they are residents, of village Sonbarsa, Anchal Buxar.