RABINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant against the judgment of conviction dated 9. 9. 2005 and its order of sentence dated 12. 9. 2005 passed by Sessions Judge, bhojpur at Ara in N. D. P. S. Case No. 1 of 1996. The sole appellant has been convicted under Section 20 (8) of the N. D. P. S. Act and sentenced to undergo RI for ten years with fine of Rs. 1,00,000 and in default to undergo imprisonment of R. I. for one year.

(2.) THE prosecution case in short that on 31. 12. 1995 at 9. 00 a. m. on direction of S. P. Bhojpur, the informant Srikant Upadhyaya. Officer In-charge of Piro Police Station along with raiding party went to Gola of mahanand Singh situated in Hassan Bazar and raided the shop of the appellant and one Radhe Shyam Choudhary. He seized 2 kgms of ganja from the shop of Radhe shyam Choudhary and 3. 4 kgms of ganja from the alleged shop of the appellant. The search and seizure was conducted in presence of two local witnesses, namely, PW1. Hari Nandan Singh and PW 6, Vishwanath singh. At the time of search, neither Radhe shyam Choudhary nor this appellant was found present in the shop.

(3.) THE sample of ganja recovered from both the shops were sent to Chemical Analyst. Sample of Radhe Shyam Choudhary was found bhang and hence, he was discharged. However, sample of article recovered from the alleged shop of the appellant was found to be ganja. Ext. 5 is the analyst report. S. I. Vinay Kumar (PW3) on fardbeyan of informant (PW2) investigated the case and submitted charge-sheet.