LAWS(PAT)-2017-7-24

TEJ NARAYAN SINGH Vs. STATE OF BIHAR

Decided On July 03, 2017
Tej Narayan Singh Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Vide judgment of conviction dated 11.06.015 and order of sentence dated 15.06.2015 passed by the Additional Sessions Judge-1st, Jehanabad in N.D.P.S. Case No.02 of 2006/55 of 2014 found the sole appellant, Tej Narayan Singh guilty for an offence punishable under Sec. 20 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for five years as well as to pay fine of Rs.25,000.00 and in default thereof, to undergo additional period of imprisonment for one year.

(2.) PW-2, Umesh Kumar Singh, Officer-in-Charge of Kurtha recorded his own statement on 19.01.2006 at about 6.00 a.m. in the courtyard of appellant, Tej Narayan Singh disclosing therein that being an absconder relating to Kurtha P.S. Case No.136 of 2001, on account of 'Jail Break', a raid was conducted at the house of one Shailendra Singh, which was found closed. Then thereafter, the house of appellant was raided and during course thereof, he was also found absent. His old infirm deaf mother was present. In the courtyard, four Ganja trees were found, which were uprooted, seized and then, carried away. The aforesaid exercise was done in presence of two seizure list witnesses namely Ashok Singh (PW-3) as well as Rajendra Manjhi (PW-6).

(3.) Kurtha P.S. Case No.05 of 2006 was registered under Sec. 20-21 of the N.D.P.S. Act, whereupon investigation commenced and after concluding the same, chargesheet was submitted, ultimately facing the trial, meeting with the result, the subject matter of instant appeal.