JANAKI DEVI VIDYAPATI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.2.2004 passed by the Special Judge (N.D.P.S. Act), Buxar in N.D.P.S. Act Case No. 36/2002 convicting the appellants under Sec.21(c) for illegally possessing Heroin and under Sec.20(b)(ii)(B) for illegally possessing Ganja, both under the N.D.P.S. Act (hereinafter referred to as "the Act ') and sentencing the appellant Janaki Devi to undergo R.I. for 14 years and to pay a fine of Rs. 2 lacs in default to undergo R.I. for two years for the offence under Sec.21 (c) of the Act and to undergo R.I. for three years and to pay a fine of Rs. 20,000.00 and in default to undergo R.I. for six months and sentencing the appellant Vidyapati Yadav to undergo R.I. for ten years and to pay a fine of Rs. 1 lac and in default to undergo R.I. for two years for the offence under Sec.21(c) of the Act and to undergo R.I. for two years and to pay a fine of Rs. 10,000.00 and in default to undergo R.l. for six months for the offence under Sec.20(b)

(2.) THE prosecution case, in brief, is that on 19.12.2002 at 6.15 A.M. Sanjay Kumar, Circle Inspector cum Officer In -Charge, Buxar Town P.S., received confidential information that co -accused Sabhapati Y. dav @ Master Yadav of Mohalla Budhanpurwa, RS. Buxar, himself was engaged in illegal trade of Heroin and he also got business done by his wife and son, and if there was immediate raid of the house, there was possibility of recovery of Heroin. On getting this information, he reported the matter to the S.P., Buxar and made an entry in this regard in the Station diary. The S.P. sent his letter authorising him to search the house of Sabhapati Yadav. The Inspector then formed a raiding party and alongwith the raiding party and armed force reached near the house of Sabhapati Yadav. After locating the house, he called two independent witnesses Birendra Yadav and Dinesh Kumar of that locality. In the meantime S.I., Buxar Town P.S., alongwith some Havildars reached there, to assist him. The Inspector, in presence of the two independent witnesses of the locality, the two appellants who were in the house and the members of the raiding party, searched the house of accused Sabhapati Yadav after observing necessary formalities, and from the north east room of the house recovered, from beneath the bed of a cot, 550 grams of Heroin like substance kept in a reksin handbag and from below the cot, 3 Kgs. of Ganja kept in Polythene packet. Besides this, weights and measures and Rs. 520.00 in cash and spoon were also recovered from the room. The appellants disclosed that they alongwith the co -accused Sabhapati Yadav were engaged in trade of Heroin and Ganja. The Inspector then took the samples of Heroin and Ganja and marked them and prepared seizure list and arrested the appellants.

(3.) THE appellants were charged under Sec.21(c) of the Act for illegally possessing 550 grams of Heroin and under Sec.20(b) (ii) (B) of the Act for illegally possessing 3 Kgs. of Ganja, for sale. They pleaded not guilty to the charges. Their defence is a total denial of the whole occurrence.