GANESH NONIA Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 1,00,000/- (one lakh) and in default of payment of fine to further undergo rigorous imprisonment for two years.

(3.) The prosecution case, as alleged in the self written statement of the informant, Ravindra Kumar, Sub-Inspector of Police/Station House Officer, Gajrajganj O.P., District Bhojpur recorded at village Nawadah Ben on 30.03.2012 at 13:30 hours in the house of Ganesh Nonia, is that while he was at Police Station, he received a secret information at about 11:30 A.M. that in the village Nawadah Ben in the house of Ganesh Nonia illicit Ganja has been kept. On the said information the informant Ravindra Kumar along with police personnel including the Block Development Officer reached the house of Ganesh Nonia and the said premises was searched and from his house two packets of white material were found. It is further alleged that smell of Ganja was coming through these two packets and the same were seized and seizure list prepared. On the basis of the said written report the First Information Report was lodged and the investigation was handed over to Station House Officer Dhrub Shankar Singh, Udwantnagar and after investigation charge-sheet was submitted, on which cognizance was taken. After framing of the charge, trial proceeded and the case was registered under the NDPS Act. During trial, five witnesses were examined.