RAJENDRA SINGH 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 Psycyhotropic 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 thereof, 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 C.B.I.) received (sic) 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 No. DT/1415. Dhurwa, with his other associates. A raiding party was formed consisting of Shri N. Jha, Deputy Superintendent of Police (PW 5), Shri Shrwan Kumar, Deputy Superintendent of Police (PW 6) and other C.B.I, men, Ranchi, at the instance of Superintendent of Police, C.B.I., Ranchi. Two independent witnesses, namely, Ratneshwar Sharma (PW 1). Head Secretary Guard and Bhudeo Prasad Marandi (PW 4), Security Guard of C.C.L. were procured and were associated with the raiding party. They went to J.P. Market, Dhurwa, on 18.2.1992 at about 11 a.m. As per the plan, PW 6 would contract the accused-appellant Rajendra Kumar as prospective buyer of Narcotic drugs/namely, Hasis (Charas) and other members of the party were instructed to the vigilant and keep a constant watch over the movement of PW 6. It was further designed that in the event Hasis or other narcotic drugs be found in the possession of Rajendra Kumar, then PW 6 would wave his hands and wipe his head to give signals to the other members of the party. Accordingly, PW 6 visited Shop No. G/120 of the accused-appellant Rajendra Kumar in J.P. Market at Dhurwa. He posed himself to be the prospective purchaser of some general articles and in the midst of conversation, he could be in a position to influence Rajendra Kumar and develop intimacy with him. PW 6 then posted 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 was impressed by PW 6's behaviour and then he agreed to arrange Charas (Hasis) for him. After bargaining, the price was fixed at Rs. 20,000 per kilograms. It was further agreed that Rajendra Kumar or his men would make delivery of Charas in an auto-rickshaw. It was agreed that P.W. 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 Heldhar Kumar Singh brought auto-risckshaw bearing, registration No. BIN 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 4 Kilograms of Charas. PW 6 was satisfied by taking smell of the materials and all the three then sat in the auto-rickshaw with the bag containing Hasis. Rajendra Kumar and Shrawan Kumar (PW 6) sat on the back seat holding the air bag in his hand. Haldhar Kumar Singh sat along with the tempo driver on the front seat. When the auto-rickshaw was about to start, then a 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 possession1 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 auto-rickshaw driver Ranjit Singh. The C.B.I, team brought both the accused persons, witnesses of the seizure and the auto-rickshaw to the C.B.I. Officer. There the materials in the air bag were weighed separately and on weightment in total 3.590 K.G. were found. All the samples were drawn separately such as cakes and sticks. Those went 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 C.B. Bansal, Senior Investigating Officer (Chemistry) C.S.F. New Delhi., it as found that the samples gave positive test for Charas. After closure of investigation, charge-sheet was submitted under Section 20 read with Rules 20 and 21 of the Act and also under Sections 29, 20 and 21 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 6th Additional Judicial Commissioner, Ranchi for trail. Charges were framed vide order dated 4.8.1992 under Sections 29, 20 and 28 of the Act read with Rules 20 and 21 of the Narcotic Drugs and Psychotropic Substances Rules.