GORAKH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant Gorakh Ram has filed this appeal against the Judgment of conviction and Order of sentence passed by Sri Biswanath Singh, Sessions Judge, Bhojpur at Ara in N.D.P.S. Case No. 69 of 1991 whereby the Appellant was found guilty for the offence u/s. 20(B) of the N.D. P.S. Act and 47 A of the Excise Act and was sentenced to undergo R.I. for two years and to pay fine of Rs. 2,000.00 and in default of payment to further undergo R.I. for six months u/s. 20(B)(i) of the N.D.RS. Act and no separate sentence was passed for the offence u/s. 47A of the Excise Act.

(2.) BRIEF facts leading to this appeal are relating to an occurrence dated 20.05.1990 when the informant, the Officer In Charge of the Jagdishpur Police Station recorded the statement alleging therein that while he and others were going for investigation of some cases, they saw a man passing through the Bharsara Pakka Road by a bicycle containing a bag on the carrier and on seeing the Police party that person became nervous and his act raised suspicion. He was caught by the Constables in presence of Hare Ram Pandey and Triyogi Sah. He was searched and 16 Kg of Ganja was recovered from the bag which was kept on his bicycle. Ganja and bicycle were seized for which seizure list was prepared upon which the witnesses signed and also put their L.T. I. which has been marked as Exh.3.The case was registered. The matter was investigated and Police after investigation submitted charge sheet. Cognizance was taken, thereafter, the trial proceeded. The Appellant denied his implication. Thereafter, the prosecution witnesses were examined. The prosecution in order to prove its case has examined oral as well as documentary evidences. Altogether six witnesses have been examined on behalf of the prosecution. P.W. 1 is the Dafadar of the village Bharsara, P.W. 2 Brij Bihari Yadav who is the chowkidar, P.W. 3 is Triyogi Sah and P.W. 4 is Hare Ram Pandey. PWs. 3 and 4 were examined as two seizure list witnesses, P.W. 5 was the S.I. of Jagdishpur Police Station and the last witness of the prosecution was P.W. 6.

(3.) P .W. 5 has also supported that on the date and time of occurrence while he along with Police personals were going then there was search and seizure and in that seizure, Ganja was recovered from the bag being carried away by the Appellant. So on the point of search and seizure this witness also remained intact during his cross -examination.