RAJU BHARATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 18.12.2004 passed by the 5th Additional Sessions Judge, Rohtas at Sasaram in N.D.P.S., Sanjhauli P.S. Case No. 20 of 1997.

(2.) The appellant, who was the sole accused, stands convicted under section 20 (b) (i) read with section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') for a period of ten years along with a fine of Rs. One lac and in default of payment of fine to undergo simple imprisonment for a further period of one year, for recovery of 5 Kgs. of Ganja from him.

(3.) The fardbeyan of the Officer Incharge Sanjhauli P.S., Syed Ahmed Khan, P.W. 5, was recorded by himself on 27.5.1997 at about 10 : 00 p.m. at the Police Station. It stated that the informant was on routine patrol duty on the Vikramganj-Sasaram Road near Village Beri along with P.W. 3 Surendra Pathak, A.S.I, P.W. 4 Pramod Kumar Singh, Constable, and other police officials carrying out surprise inspection of vehicles travelling on the highway. A jeep bearing number B.R. 17-A-479 approached from Vikramganj side. The vehicle was checked near the Snacks shop of Vishwanath Sah son of Ram Chandar San. On the left of the driver sat a young man wiht a blue coloured school bag on his legs. There was smell of Ganja emanating. The bag was checked in the presence of the jeep driver Jwala Prasad Singh (P.W. 2), son of Chandrama Singh and P.W. 1 Dhanji Singh son of Nagina Singh. The owner of the bag disclosed his name as Raju Bharti (appellant) son of Vidya Sagar Bharti resident of Village Sakardih, Bharti tola, District Chapra. Two plastic packets wrapped in threads were recovered from the bag, inside which Ganja was found. One packet weighed 2 Kilos. The other packet weighed 3 Kilos. Raju Bharti stated that he had no licence to sell Ganja and that he was carrying It for sale to Village Baraon, P.S. Nokha to one Gosaiji of Mahapur. The seizure list was prepared in presence of Dhanjl Singh (P.W. 1) and Jwala Prasad Singh (P.W. 2), Driver, who signed upon the same. Accused Raju Bharti was given a copy of the seizure list after he had also signed on the same. The appellant Raju Bharti was then charged under section 20 (b) (I) read with section 8 (C) of the N.D.P.S. Act. The formal First Information Report has been marked as Ext. 5.