SHYAM SUNDAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant, as such, Sri Arun Kr. Tripathi, learned counsel has been requested to assist the Court as Amicus Curie which he volunteered.

(2.) Vide judgment of conviction dated 22.04.2015, sole appellant Shyam Sundar Jha has been found guilty for an offence punishable under Sec. 21(b), 22(b) of N.D.P.S. Act and has been directed to undergo rigorous imprisonment for 07 year as well as to pay fine of Rs. 50,000.00 under each head and in default of payment of fine to undergo simple imprisonment for 01 year, additionally with a further direction to run the sentences concurrently vide order of sentence dated 27.04.2015 passed by Addl. Sessions Judge I-cum-Special Judge, NDPS Act, Begusarai in N.D.P.S. case no. 10 of 2007.

(3.) PW3 Md. Majhrul Islam recorded his self-statement on 10.04.2007 at about 5 am disclosing therein that in the preceeding night, he along with other police personnel was on patrolling and during course thereof, when he came at Dhala no. 6 at about 4 am, he saw one person coming from Barauni station having a Bag over which, he got suspicion whereupon, directed him to stop but, the aforesaid person ran away who was chased and apprehended. In presence of two witnesses namely Sanjay Singh as well as Dilip Kumar, he was searched out and from Bag, apart from cloth so detailed therein, one packet of ganja weighing approx. 3 kg was seized for which, no explanation was given. Accordingly, seizure list was prepared. Apprehended person disclosed his identity as appellant Shyam Sunder Jha.