NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against Judgment and Order dated 22/24th May, 2007, passed by learned Additional Sessions Judge, Fast Track Courts -III, Vaishali, at Hajipur in Jandaha P. S. Case No. 35 of 2002, whereby, the appellant has been convicted under Section 20(b)(i) of N.D.P.S. Act and sentenced to undergo RI for 10 years and also to pay a fine of Rs. 1 lac, and in default to undergo RI for one year.

(2.) THE informant Baneshwar Tiwary, S.I., Jandaha (not examined) had gone to village Arniyan to help S.D.P.O., Mahua in supervision of Mahua P. S. Case No. 31 of 2002. He was accompanied with constable Bindu Ram (P.W. 3), Tapeshwar Rai (not examined), Dafadar Gopal Singh (not examined) and Driver of the vehicle Shyam Bihari Pandey, P.W. 5. On seeing the police party, some persons started fleeing from the door of the appellant, Naresh Singh. He learnt the name of the accused persons, as Naresh Singh, Mithhu Singh, Umesh Choudhary and Sita Ram Mahto. The informant and his men chased them unsuccessfully.

(3.) INFORMANT in presence of two independent witnesses, namely, Ram Naresh Rai (P.W. 1) and Lakhan Singh (P.W. 2) searched the house of Naresh Singh and seized five packets of Ganja from the Cot in the house of Naresh Singh, whereas, 2 packets of Ganja were recovered from the Motorcycle, bearing Registration No. BR -24 -A -6478, in front of the door of Naresh Singh. The villagers stated that Mithhu Singh indulged in illegal business of Ganja.