AFROZ MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the -judgment dated 18.9.2004/21.9.2004 of the 5th Additional Sessions Judge. West Champaran. Betia (Gopalpur P.S. Case No. 37/99) C.R. No. 1785/99 whereby each of the three appellants has been convicted under Section 20(ii) of the N.D.P.S. Act. 1985 and sentenced to R.I. for ten years and a fine of Rs. 1 lakh and in default of pavment of fine to undergo R.I. for two years.

(2.) The prosecution was initiated on the written report of the informant Nand Kishore Prasad Singh (P.W. 1), the officer-in-charge of the Gopalpur P.S. station in his written report that that day (1.9.99) at about 8:30 P.M. he, alone with armed police personnel compromising of Home Guards, Surendra Prasad (P.W. 5), Bindeshwari Prasad (P.W. 6), Umesh Prasad (P.W. 4), Arbind Kumar Pandey (P.W. 7) and others was engaged in maintenance of law and order and checking duty in course of polling for Lok Sabha Election and that in course of that he (informant) found three persons (appellants 1 boarded on a tractor were coming from Balthara side. The tractor was stopped and these three persons boarded on the tractor were interrogated and they disclosed their name as Afroz Alain. Md. Kabir and Md. Ansarul. the appellants. The informant further alleged that on search half kg of charas. contained in plastic packet was recovered from left inner pocket of shirt of the appellant Afroz Alam. One kg of charas contained in two pockets, half kg each was recovered from the shirt of the appellant Md. Kabir. And half kg of charas contained in plastic packet was recovered from the shirt of the appellant Md. Ansarul. On interrogation the appellants disclosed that they had purchased the charas from one Kishori Sao. The recovered charas was seized and a seizure list was prepared (Ext. 1) in presence of tractor "driver" Rudal Singh (P.W. 2) and "Khalashi" Dukhi Paswan (P.W. 3) who signed on the seizure list. A copy of seizure list was also handed over to the appellants. On the basis of written report (Ext. 3) F.I.R. (Ext. 4) was lodged. After lodging of the F.I.R. investigation commenced and on completion of investigation chargesheet was submitted. During investigation, the report (Ext. 5) of FSL was received which reported that the sample of the seized material was found to be charas on examination. After submission of chargesheet, the appellants were put on trial and they have been convicted and sentenced as above.

(3.) As raanv as seven witnesses were examined by prosecution.