GAYA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Gaya Yadav and Sharma Yadav have been found guilty for an offence punishable under Section 22(c) of the N.D.P.S. Act and each one has been directed to undergo R.I. for ten years as well as to pay fine appertaining to rupees two lacks in default thereof, to under S.I. for one year, additionally with a further direction to set off against the period spent during course of trial under Section 428 of the Cr.P.C. vide judgment of conviction dated 23.08.2016 order of sentence dated 30.08.2016 passed by Additional Sessions Judge, IIIrd-cum-Special Judge, N.D.P.S., West Champaran at Bettiah in N.D.P.S. Case No.21 of 2011 arising out of Thakaraha P.S. Case No.25 of 2011.

(2.) Pw.5, Vinay Kumar Singh, Officer-in-charge of Thakaraha P.S. recorded his own fardbeyan on 24.02.2011 at about 08:30 PM at the Darwaja of Gaya Yadav disclosing therein that during course of patrolling while he along with other police personnel so named therein were at Thakaraha Bazar received confidential information that some sort of deal is to be carried out at the place of Gaya Yadav of village Nautan Gurbalia relating to Narcotic whereupon, they proceeded and reached at the destination, where four persons were found sitting around fire place out of them two managed to escape seeing the police while two were apprehended who disclosed their identity as Gaya Yadav as well as Sharma Yadav. Furthermore, it has also been disclosed that two bags, one of red colour and one of blue colour kept at some distance was searched out in presence of two seizure list witnesses, namely, Jag Yadav and Motichand Yadav (not examined) whereupon, forty-eight packets of charas each containing 550 gm were seized and for that, seizure list was prepared. Then thereafter, they took control of both the accused, seized article and returned back to the police station whereupon, Thakaraha P.S. Case No.25/2011 was registered. Investigation was entrusted to other police official who, after completing investigation, submitted charge sheet and that happens to be the basis of trial which ultimately concluded adverse to the interest of the appellants as a result of which, instant appeal has been filed.

(3.) Defence case as is evident from mode of crossexamination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. However, neither any DW nor any kind of document has been adduced on behalf of defence.