SUBHASH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE aforesaid five appeals are being taken up together for hearing as they are analogous and arise out of the same Judgment. All these five appeals have been preferred against the judgment and order dated 7.12.2006, whereby the appellants therein have been convicted under Sections 20(b)(ii)(c) and 23(c) of the N.D.P.S. Act (in short the Act) and sentenced to undergo RI for ten years imprisonment and to pay a fine of Rs. one lacs under each of the two counts, in default of payment of fine to further undergo RI for two years. However, both sentences were ordered to run concurrently.

(2.) The prosecution case as recorded on self statement of the informant, namely, Laldhari Prasad, Inspector cum officer in charge of Raxaul Police Station on 12.1.2002 at about 7.05 pm in short is as follows:

(3.) THE informant got secret information that some smugglers have assembled in Mohan nagar tola of Raxaul in the house of accused Viswanath Prasad and Sukhari Prasad and are preparing to remove the smuggled goods concealed there. After making due station diary entry No. 300, dated 12.1.2002, a raiding party was constituted under leadership of Sushil Kumar, the SDPO, Raxaul comprising of the informant, Ranjan Kumar, the IO and other police officials. Raid was conducted on the two houses on the same day between 8 to 8.30 pm in presence of two independent witnesses, namely, Sambhu Prasad (pw 2) and Lal deo Prasad (pw 3). In course of raid, 11 kilograms of Charas and 22 packets measuring about 1/2 kilogram each, and one small piece of Charas measuring about 10 grams wrapped in a paper and knee caps kept in a white bag also concealed under the Bed of Vishwanath Prasad were recovered and seizure list was prepared. The persons arrested from the said room disclosed their names as Bhagmati Devi, wife of aforesaid Vishwanath Prasad, the owner of the house, the appellant of Cr. Appeal No. 238 of 2007, Baccha Prasad and Girdhari Prasad, appellants of Cr appeal No. 06 of 2007, both residents of village Keshari, Bablu Kumar, appellant of Cr.Appeal No. 1043 of 2006, also resident of village Keshari. Co -accused Vishwanath Prasad, however managed to escape and another accused Umesh Kushwaha escaped during the trial of the case.