DILIP SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the State.

(2.) The appellant has been convicted under Sections 20(b)(ii)(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ((hereinafter referred to as, "the Act") and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh for each of the offences and in default of payment of fine, further, sentenced to undergo simple imprisonment for three years.

(3.) The prosecution case as alleged in the first information report by the informant, Om Prakash Singh, Sub Inspector of Police-cum-Station House Officer, Amnor Police Station, that on 24.10.2011 at about 08.50 A.M. he received a secret information that one Dilip Singh, resident of village Amnor has kept illicit ganja in his house. The said information was recorded in the diary of the Police Station bearing no. 433, dated 24.10.2011, and proceeded for verification of the said information and necessary action, he along with Assistant Sub Inspector of Police Madan Mohan Singh, Assistant Sub Inspector of Police Anuj Kumar Pandey, driver Manoj Kumar Pandey and Special Auxiliary Force Jawans, Yogesh Thakur, Prem Shankar Singh, Shambhu Sharan Sharma proceeded and reached Amnor at about 09.00 A.M. at the house of Dilip Singh. In the meantime, one person flees away from the back of the house and though the attempt was made to attempt, but, he managed to escape. The neighbours disclosed that the person, who fled away, was Dilip Singh, hence, in the presence of two independent witnesses, namely, Lallu Singh (P.W. 3) and Raushan Kumar Pandey, P.Ws. 1 and 7, the police party searched the house of Dilip Singh and on search five packets wrapped in plastic cover and one in open plastic bach containing ganja with small balance (taraju) of steel were recovered and before the two independent witnesses all the articles, seized, were weighed. The further case is that three plastic packets contained 9 Kg. of ganja each, one plastic packet contained 8 Kg. of ganja and one plastic pag contained 3 Kg. of ganja and one plastic packet contained 5 Kg. of ganja, so in total 43 Kg. of ganja was seized. However, on demand no paper was submitted nor any paper was shown and did not give any reply with regard to possession of ganja and so the seizure list was prepared before the two independent witnesses which were signed by them and in presence of two independent witnesses 400 gm of ganja was taken as sample and was sealed. A first information report was lodged on the basis of self statement, recorded by Sub Inspector of Police-cum-Station House Officer, Amnor Police Station, endorsement was made in the written report to register Amnor P.S. Case No. 101 of 2011, dated 24.10.2011, under Sections 20(b)(ii)(c) and 22(c) of the Act and has taken up the investigation, hence, it is apparent that the informant himself is the investigating officer and on the basis of the report, first information report lodged, the investigation proceeded. The police after investigation submitted charge sheet on which cognizance taken and after framing of the charge the trial proceeded.