RAJESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 27.1.2003/29.1.2003 (arising out of Brahmpur P.S. Case No. 06/01) whereby the appellant has been convicted under Section 20(B)(ii)(C) of the N.D.P.S. Act and sentenced to R.I. for ten years and a fine of rupees one lakh and in default of payment of fine to undergo R.I. for two years.

(2.) The appellant has been convicted and sentenced with regard to recovery of 90 kgs of ganja from a shop where the appellant was also seen and he tried to flee away but he was apprehended by the police. According to the case of prosecution, the officer-in-charge, Brahmpur P.S., received a secret information that some persons alighted from a train with ganja at Raghunathpur Railway Station and in order to move away they were in search of conveyance. On this information, the officer-in-charge, constituted a raiding party and went to shop near the railway station and found some persons were in the shop and that they were trying to flee away but the appellant was apprehended and some others managed to escape away and that on being pointed out by the appellant 90 kgs of ganja kept in three cartoons were recovered from the shop. After performing necessary formalities regarding seizure, the appellant was arrested and sample of seized ganja was sent for chemical examination.

(3.) As many as five witnesses, including the eye-witness on the point of recovery as well as the I.O. and the chemical examiner were examined. On consideration of the evidence the trial court convicted the appellant and he was sentenced as above.