NECK MOHAMMAD @ RAJ MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant stands convicted under Section 18(b) of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as 'the Act'). However, he has been acquitted from the charge under Section 23(c) of the Act. Appellant has been sentenced to undergo rigorous imprisonment for a term of 12 years and a fine of Rs. 1,00,000/- with default clause. It is also made clear that one of the co-accused, namely, Ramanand Patel, has been acquitted from the charge after trial.

(2.) The prosecution case as it appears from the FIR is that the informant (P.W.1), Police Inspector of Raxaul Police Station, received information about a criminal, standing near Manokamana temple, on which he went there along with police party, arrested the criminal and on search six packets were recovered from him and on opening of the packets it was found that opium was kept in packets. It further appears that seizure list was prepared at the place of arrest itself and the seized articles were taken to the police station.

(3.) On the basis of the aforesaid self statement of the Police Inspector (Informant-P.W.1), Raxaul P.S. case No. 137 of 2010 has been registered under Sections 15, 17, 18, 21, 22, 23 and 24 of the Act. It further appears that during investigation involvement of one co-accused, Ramanand Patel, was also found and police submitted charge sheet against him.