UMESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the aforementioned appeals arise out of one and the same judgment of conviction and sentence dated 15.7.2004/17.7.2004 passed by Ist Additional Sessions Judge, Sasaram in Dehri P.S. Case No. 196 of 2001 whereby both the appellants have been convicted under Sec.21 of the N.D.P.S. Act and have been sentenced to undergo R.I. for ten years with fine of Rs. 1 lac each and in default to further undergo R.I. for two years.

(2.) PROSECUTION story in brief is that on 19.8.2001 in the evening, incharge of Dalmianagar O.P. S.I., Sri Tutu Ram (P.W.1) alongwith armed forces was on evening patrolling. In course of it, at about 6:30 P.M. the team reached at Choudhury Chowk and started checking of two wheelers. In the meantime, two persons came in suspicious condition. They were challenged and on doubt their persons were searched in presence of two local witnesses, namely, Baban Dubey (P.W.2) and Harendra Singh (P.W.3). The appellant Umesh Kumar was found in possession of 15 puriya of heroin like substance and appellant Heera Lal Soni was found in possession of 16 puriyas of heroin like substance. Mr. Tutu prepared two separate seizure list which are Exts.1 and 1/1.

(3.) IN course of the trial, charge only under Sec.21 of the N.D.P.S. Act was framed against both the appellants. Eight witnesses including the informant Tutu Ram as P.W.1 and I.O. R.N. Jha, P.W.8 have been examined. P.Ws.2 and 3 are seizure list witnesses and the rest are police constables who were members of the patrolling party.