ANWAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dated 2.8.2004 and its order of sentence dated 6.8.2004 passed by Sri Bipin Dutta Pathak, 5th Additional Sessions Judge, Rohtas at Sasaram in Sasaram (Town) P.S. case no. 135/97. The sole appellant has been convicted under Sec.21 of N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment for ten years with fine of rupees one lac and in default of payment of fine to undergo further imprisonment for two years R.I.

(2.) The prosecution story in short is that on 7.3.1997 S.I. Hari Narayan Prasad, Of-ficer-in-Charge Sasaram Police Station was on petrolling duty. In course of it he received secret information that a person was coming from Sheosagar along with heroin from bus. The police party reached at bus stand at 2.20 A.M. On seeing the police party one person began to flee. He was chased and caught who disclosed his name as Anwar Ali (appellant). After completing formalities of provisions of Section 50 of the N.D.P.S. Act the body of the appellant was searched in presence of two independent witnesses namely, Krishna Mahto and Nand Kishore Sharma. Ten Puriyas of heroin were recovered from his pocket apart from two self dynamos of diesel engine.

(3.) Ten Puriyas of heroin was weighed. The weight of heroin was found to be only five grams. Seizure list was prepared by the Officer-in-charge and sample of heroin was sent to the analyst for chemical examination. The appellant was also arrested and sent to jail custody.