OM PRAKASH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Om Prakash Mahto has been found guilty for an offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act and sentenced to undergo R.I. for 5 Years as well as to pay fine appertaining to Rs. 25,000/- and in default thereof, to undergo S.I. for three months vide judgment of conviction dated 12.01.2015 and order of sentence dated 15.01.2015 passed by the 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S., Saran at Chapra in N.D.P.S. Case No.13 of 2011, arising out of Bhagwan Bazar P. S. Case No.214 of 2011, G. R. No.5549 of 2011.

(2.) PW-5, Keshri Chand, who happened to be O/c of Bhagwan Bazar, got confidential information with regard to transportation of Narcotic Substance by a carrier, instructed his subordinates and then, along with police officials as well as armed personnel reached at Bhagwan Bazar Station Chowk near Durga Asthan where, as per information, there has been one person coming on rickshaw having attach? ((THELAW)), who was signaled to stop. After stoppage of the rickshaw, the person was encircled, was interrogated with regard to material having in attache, which he disclosed to be Charas. He was directed to open the attach? ((THELAW)). After opening of the attach? ((THELAW)), a packet was found duly wrapped, Charas. After weighing the same, it was 700g.m. After taking out sample there from, the articles was seized in presence of two seizure list witnesses namely Santosh Kumar Sah as well as Kalam. Then thereafter, they returned back along with accused as well as seized articles, sample.

(3.) After registration of the case, as Bhagwan Bazar P. S. Case No.214 of 2011, investigation was entrusted to PW-6, Manoj Kumar Sah, who after completing the same, submitted charge-sheet facilitating the trial which concluded in a manner adverse to appellant, the subject matter of instant appeal.