SHAMBHU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Shambhu Sao has been found guilty for an offence punishable under Section 20(b)(ii)(c) of the NDPS Act vide judgment of conviction dated 07.07.2015 and sentenced to undergo S.I. for 10 years as well as to pay fine of Rs. 1,00,000.00 in default thereof, to under go imprisonment of six months, additionally vide order of sentence dated 13.07.2015 passed by Third Additional Sessions Judge-cum-Special Judge, East Champaran at Motihari in NDPS Case No.94 of 2012/35 of 2015.

(2.) PW.1, Ashok Kumar, S.I. along with other police personnel while were on patrolling in the night of 19/20-08-2012, got confidential information with regard to storage of Nepali Ganja by a smuggler in his house at village-Paknahiya whereupon the house was corden and in presence of local inhabitants, namely, Arvind Kumar Shrivastava, husband of local Surpanch as well as Navin Kumar, they knock the door and after opening of the same by the inmate of the house, they gone inside, searched the house and during course thereof, 28 packets of Ganja found kept inside plastic bag in a room. The local chowkidar, Bharat Rai brought balance whereupon, the seized Ganja has been weight to be 34 Kg. and for that, seizure list was prepared in presence of Navin Kumar as well as Arvind Kumar Shrivastava and a copy thereof, has also been served upon the accused Shambhu Sah who was apprehended at that very time. Then thereafter, informant along with police left the scene having Ganja as well as accused.

(3.) On account of written report of informant, Ashok Kumar, Palnawa P.S. Case No.96 of 2012 was registered whereupon, investigation commenced and after concluding the same, charge sheet was submitted. Furthermore, as is evident after concluding the trial appellant has been found guilty and accordingly, sentenced.