LAWS(PAT)-2017-12-130

AVINASH KUMAR Vs. STATE OF BIHAR

Decided On December 21, 2017
AVINASH KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Avinash Kumar (A-1) of Cr. Appeal (DB) No. 1207 of 2016, Sujit Kumar (A-2) of Cr. Appeal (DB) No. 15 of 2017 and Manoj Sharma (A-3) of Cr. Appeal (DB) No. 71 of 2017 have been convicted by the learned Trial Court under Sections 20(b),(ii)(c), 21(c) and 23(c) of the Narcotic Drugs and Psychotropic Substance Act (for short 'N.D.P.S. Act') vide judgment of conviction dated 3.11.2016 rendered in Special Case No. 22 of 2012.

(2.) On the basis of self written report (Ext.2) made by P.W.1 Jai Narayan Prasad, Economic Offence Unit (for short 'E.O.U'), the case was registered. It is alleged that Gopal Paswan (P.W.9), then posted as Dy. S.P., Special Task Force (for short 'S.T.F.') got a secret information about the clandestine sale of Heroine/charas in the city of Patna. The information was transmitted to the higher official of the E.O.U. A raiding team consisting of Police Personnel's of two different wings of the Police Force namely S.T.F. and E.O.U. was constituted by him. The team went to the reported busy place in the township of Patna and kept waiting. At about 2.15 p.m., A-1 and A-2 reached there on motorcycle. They were intercepted by the raiding team. On query, they disclosed their identity. A search was carried out of the cloth bag hanging with the handle of their motorcycles. 8 straps each containing 220 grams of heroine cleverly concealed in the cavities of the cloth bag were recovered from the bag of the motorcycle of A-2. It is stated that samples being 25 grams from each packet was drawn and seizure memo were prepared. A copy was handed over to A-2. In all, 1760 grams of charas was recovered from the bag. Samples from the straps were drawn. Thereafter, the bag held by the A-1 was searched. Similarly, 8 strips in the bag each containing 220 grams of heroine/charas like substance were recovered and samples in the similar manner were drawn and sealed. A seizure memo (Ext. B) was drawn in presence of 02 independent witnesses and a copy was given to the A-2 and his signature was obtained. Such seizure was made in presence of two independent witnesses namely P.W. 6 and 7. On their disclosure, the team first went to co-accused Surendra Paswan and interrogated. On the basis of interrogation and disclosure made by him, the team went to the rented room of the A-3 where he was present. After completing the formalities, the search of the room occupied by the A-3 was carried out and 49 such cloth bags were found stacked beneath the bed of A-3. 17 pouches/strips of heroine/charas like substance were also recovered from behind the hanging portrait on the wall of the room. The total weight of the narcotic substance recovered from his room was 12 kg 820 grams. Samples were accordingly drawn in presence of A-3, the witnesses and the members of the raiding team. On the basis of the written report, an F.I.R. was drawn at 9.30 p.m. The same was dispatched to the Court on the following day.

(3.) P.W.11 being the S.I. of E.O.U. took over as the Investigating Officer. The samples sealed in packets were presented before the Special Court (Ext.4) for sending them for the chemical analysis. Under the order of the Court(Ext.3 and 3/1), the samples were sent to the Forensic Science laboratory, Patna and Central Revenue Control Laboratory, Kolkata (for short 'F.S.L., Patna' and 'C.R.C.L., Kolkata' respectively). The report submitted by the F.S.L., Patna (Ext.5) dated 8.10.2012 was produced before the Court on 12.10.2012 whereas the report submitted by the C.R.C.L., Kolkata (Ext. 6 dated 31.10.2012) was received on 21.11.2012. Both the reports found the sample narcotic/contraband substance. After concluding the investigation, P.W.11 laid the charge-sheet on 26.11.2012 whereon cognizance was taken. The case came on the file of the learned Trial Judge for disposal.