RAJENDER KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals are taken up together for disposal as both arise out of the same judgment of conviction and sentence dated 21st of January, 1994 passed by Shri S.K. Murari, 6th Additional Judicial Commissioner, Ranchi, in R C. Case No.3 of 1992 (R) T. R. No. 133 of 1992, convicting the accused appellants _under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the Act') and sentenced to undergo rigorous imprisonment for 12 years each and also to pay a fine of Rs. 1,00,000/- (Rupees one lac) each and in default there, to undergo simple imprisonment (for a period of two years each.

(2.) The case of the prosecution in brief is that the Central Bureau of Investigation (for short TC.B.I.T) on a secret information to the effect that the accused-appellant Rajendra Kumar was doing illegal business of selling narcotic drugs in his shop No. G/120 and residing in H. E. C. Quarter s No. DT /1415, Dhurwa, with his other associates. A raiding party was formed consisting of Shri N. Jha, Deputy Superintendent of Police t (PW 5). Shri Sharwan Kumar, Deputy Superintendent of Police (PW 6) and other C.B.I. Bench, Ranchi, at instance of Superintendent of Police, C. B.I. Ranchi. Two independent witnesses, r namely, Ratneswar Sharma (PW 1), Head Security Guard and Bhudeo Prasad Marandi (PW 4), Security Guard of C.C.L. were procured and were associated with the raiding party. They went c to J.P. Market, Dhurwa, on 16-2-1992 at about 11 a.m. As per the plan, PW 6 could contact the accused appellant Rajendra Kumar a prospective buyer of narcotic drugs, namely, Hasis (Charas) and other members of the party were instructed to be vigilant and keep a constant watch the It movement of PW 6. It was further designed that in the event Hasis or other narcotic drugs could be found in the possession of Rajendra Kumar, then PW 6 would have his hands wipe his head to give signals to the other members of the party. Accordingly, PW 6 visited shop No. G/120 of the fI accused-appellant Rajendra Kumar in J.P. Market at Dhurwa. He posed himself to be the prospective purchaser of some general articles in p the midst of conversation, he could be in a position to influence Rajendra Kumar and develop intimacy with him. PW 6 then posed himself to be buyer of narcotic drugs and informed the accused appellant Rajendra Kumar that he was in search of such drugs. Accused-appellant Rajendra Kumar at the beginning had some hesitation but ultimately he has impressed by PW 6's behaviour and then he agreed to arrange Charas 3 (Hasis) for him. After bargaining, the price was fixed at Rs. 20,000 per kilogrames. It was further agreed that Rajendra Kumar or his men would make delivery of Charas in an auto- rickshaw. It was agreed that PW 6 would pay the money at auto-rickshaw at the time of delivery. For some time Rajendra Kumar left his shop and re-appeared with other accused who also discussed about the price and place of delivery of charas. In pursuance of the agreement accused appellant Haldhar Kumar Singh brought auto-rickshaw bearing registration No. AIN 9191 and kept the same near the shop of Rajendra Kumar. Then Haldhar Kumar Singh went away for bringing Hasis and came back after ten minutes with air bag. Haldhar Kumar Singh handed over the air bag saying that it contained about kilograms of Charas. PW 6 was satisfied by taking smell of the materials and all the three then sat in the autorickshaw with the bag containing Hasis. Rajendra Kumar and Sharwan Kumar (PW 6) sat on the back seat holding the air bag in his hand. Haldar Kumar Singh sat along with the tempo driver on the front seat. When the auto-rickshaw was about to start, then as designed earlier. PW 6 gave signals thereupon the other members of the raiding party surrounded the auto-rickshaw. Both the accused-appellants were challenged by N. Jha, (PW 5) for being in possession of Charas. It is stated that both the accused persons admitted to be in possession of Charas. PW 5-inspected the contents of air bag in presence of the witnesses namely, Bhudeo Prasad Marandi and Ratneshwar Sharma. The bag contained three pieces of Charas in the form of cakes and 15 numbers of full length and 18 numbers of pieces of Charas in the form of sticks. As the challenge was made in the public place on the road, both the accused persons, namely, Rajendra Kumar and Haldhar Kumar Singh were taken into custody along with the materials which were taken charge of by D.S.P. Sri N. Jha (PW 5) along with autorickshaw driver Ranjit Singh. The C.B.I. team brought both the accused persons, witnesses of the seizure and the autorickshaw to the C.B.I. office. Thus the materials in the air bag were weighed separately and on weightment in total 3.390 kgs. were found, All the samples were drawn separately such as cakes and sticks. These were kept separately sealed and marked with individual identity number. The three cakes and the sticks were packed duly sealed and signed by all persons present. A detail memorandum to the proceeding relating to seizure, arrest and taking of samples was prepared which was signed by all the members of the raiding party, the two independent witnesses and the driver of the auto-rickshaw. The case was investigated by Sri Sarwan Kumar (PW 6), D.S.P., C.B.I. and during the course of investigation, seized packets of Charas were sent to C.F.S.L., C.B.I, New Delhi for chemical test and report. - On examination of the samples by Sri CB. Bansal, Senior Investigating Officer (Chemistry CF.S.L.., New Delhi, it was found that samples gave positive test for Charas. After closure of investigation, chargesheet was submitted under Section 20 read with Rules 20 and 21 of the Act and also under Sections 29, 30 and 31 of the Act.

(3.) Cognizance was taken by the Judicial Commissioner, Ranchi on 9-6-1992 and then the case was sent to the court of the 5th Additional Judicial Commissioner, Ranchi for trial. Charges were framed vide order dated 4-81992 under sections 29, 20 and 28 of the Act read with Rules 20 and 21 of the Narcotic Drugs and Psychotropic Substances Rules.