ASHARFI THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted for offence under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh.

(3.) The prosecution case, as alleged in the first information report, by the informant, is that the informant gets secret information at about 09.00 A.M. that the smugglers are coming along with charas in a black Hero Honda motorcycle and will pass the said charas to Gopalganj. On the said information the informant along with Assistant Sub Inspector of Police, Izharul Haque Khan, P.W. 6, Chowkidar 5/2, Shambhu Nath Yadav, P.W. 4, and Deenanath Yadav, Home Guard Jawan, P.W. 3, proceeded for verification of the information and reached at south Mangal Gudaria Bandh on kachha road and then saw a motorcycle coming on the said road, which was apprehended and after search, before two independent witnesses, namely, Anil Yadav, P.W. 1, and Amitesh Kumar Pandey, P.W. 2, 18 packets of charas recovered from the dickey and person apprehended disclosed his name as Asharfi Thakur and he did not produce any paper for the said charas. The charas and the Hero Honda motorcycle were seized and seizure list prepared. On the basis of the written report of the informant, the first information report lodged and the investigation was handed over to Assistant Sub Inspector of Police, Udai Singh. After the investigation the charge sheet submitted, cognizance taken and, thereafter, charge framed and after framing of the charge six witnesses were examined.