FAUDI MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 14th September 2004/15th September 2004 of the 2nd Addl. Sessions Judge, Sitamarhi passed in ST. No.8 of 2003/1 of 2004 whereby the appellant has been convicted under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as "the Act") and sentenced to rigorous imprisonment for five years and a fine of Rs. 25,000/- (twenty-five thousand) and, in default of payment of fine, to undergo simple imprisonment for one year.

(2.) As per the case of prosecution, 2 Kg. of Ganja wrapped in plastic and kept under Chauki in the house of the appellant was recovered and thus, the recovery was alleged from the possession of the appellant on 25th April 2002. The appellant was also apprehended at the spot.

(3.) As many as ten witnesses were examined by the prosecution. P.Ws. 1 & 2 were the seizure witnesses. P.Ws. 3, 4, 5, 6 and 7 were the members of the Police Patrolling Party which conducted the search and recovery P.W. 8 was the C.O. P.Ws. 9 & 10 were the Advocate Clerks who deposed during the trial.