AMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment of conviction dated 24.4.2004 and order of sentence dated 26.4.2004 passed by 1st Additional Sessions Judge, Arrah, Bhojpur in N.D.P.S. Case No. 14 of 2001. The sole appellant has been convicted under Sec.20(B) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years with fine of Rs. 1,00,000.00 in default to further undergo R.I. for two years.

(2.) On 17.10.2001 at 1.45 P.M., S.I. Shri Pankaj Kumar Das, Officer-in-Charge, Koilwar P.S. alongwith his team raided and searched the house of the appellant situated in village Manikpur. They recovered a brief case and a bag containing leaves and seeds smelling like ganja. The same was seized in presence of two independent witnesses. The weight of the seized article were taken which were 20 kgms. and 17 kgms. respectively. Accordingly, on the basis of self statement of Officer- in-charge, fardbeyan was lodged against the appellant and the case under Sections 16/ 20(B) of the N.D.P.S. Act was registered. After investigation, chargesheet was submitted against the appellant.

(3.) In course of the trial, the prosecution examined altogether seven witnesses including the informant, Pankaj Kumar Das as P.W.1.