SATYA PRAKASH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgement of conviction and order of sentence dated 25.7.2005 passed by the Sessions Judge Cum Special Judge, Buxar in N.D.P.S. Act case no. 5 if 2003. The sole appellant has been convicted under Sec. 21(b) read with Sec. 32B of the Narcotic Drugs and Psychotropic Substance Act, 1985 (In short 'N.D.P.S.Act') and sentenced to undergo rigorous imprisonment for nine years with fine of Rs. 60,000/- and in default to further undergo rigorous imprisonment for one year.

(2.) The prosecution story in short is that on 28.1.2003 at 2.00 P.M. Sub-Inspector, Manoranjan Bharti (P.W. 4) of Rajpur police station received a secret information regarding hiding of some miscreants at the residence of Jai Paswan of Village Dadura. He entered the information as Sanha no. 780 dated 28.1.2003. Thereafter he along with armed party left for that village. While they were passing through Tiara market they saw gathering of 15-20 persons in front of a clinic. Seeing the police party they all dispersed. The Sub-Inspector, who is the informant of the case, entered into the clinic and saw a person sitting on a chair. On interrogation he introduced himself as Dr. Satya Prakash Ram (appellant) a Dentist. When the informant tried to inquire about the gathering he attempted to go out on plea of urinating. However, he was prevented. The person of the appellant was searched in presence of local witnesses, namely, Sahabuddin (P.W. 5) and Akhilesh Kumar (P.W. 6). After completion of legal formalities the Sub-Inspector recovered a small packet containing brownish powder (Heroin) for which the appellant had no account. The appellant admitted of dealing in business of illicit substance. The weight of Heroin was found to be about 10 grams. The seizure list was also prepared by the informant upon which the signatures of the witnesses were also taken. The sample of the alleged Heroin was sealed in packets. The appellant also put his signature on the sealed packets and one of it was sent to the chemical analyst for examination.

(3.) The investigation was conducted by Kanhaiya Thakur A.S.I. (P.W. 2) on the basis of Fardbeyan lodged by Manoranjan 3harti (P.W. 4). Ultimately the charge-sheet was submitted against the appellant under Section 21(b)/32B of N.D.P.S. Act.