RAJENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Ram Kishun Jha, has called in question his conviction and sentence passed under Sec.20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act") vide judgment and its order dated 29.9.2003/ 30.9.2003 passed by Sri Arun Kumar, Additional Sessions Judge. Darbhanga in G.O. Case No. 04/2001 this appellant has been convicted under Sec.20(B) of N.D.P.S. Act [wrongly mentioned as 20(c)] and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh and in default of fine he has been directed to undergo rigorous imprisonment for further two years.

(2.) It appears that on 31.3.2001 the officer-in-charge of Balabhadrapur police station raided the house of this appellant and recovered 21 Kg. Ganja. This appellant and one Satyendra Lai Deo were arrested from the house. Ultimately both were put on trial for the charges framed under Sections 20 and 23 of N.D.P.S. Act.

(3.) In course of trial six witnesses were examined from the side of prosecution. From defence side also one witness was examined. Ultimately vide impugned judgment and order Satyendra Lal Deo was acquitted but this appellant was found guilty only under Sec.20(B) of N.D.P.S. Act. He was acquitted of the charge framed under Sec.23 of N.D.P.S. Act. Vide judgment dated 30.9.2003 the learned lower court sentenced the appellant to undergo rigorous imprisonment for ten years with a fine of rupees one lakh.