BISHUN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant, on account thereof, Sri Baban Roy, learned Advocate who is present in the court, has been requested to assist as an Amicus Curiae.

(2.) Sole appellant, Bishun Singh has been found guilty for an offence punishable under Sec. 22 of the NDPS Act and has been sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs.1,00000.00 (One Lac) in default thereof, to undergo SI for 2 years vide judgment of conviction dtd. 4/2/2009 and order of sentence dtd. 6/2/2009 passed by 1st Additional Sessions Judge-cum-Special Judge, NDPS in connection with NDPS Case No. 02/2007 arising out of Sarairanjan PS Case No. 111/2006.

(3.) Hari Narain Singh O/C of Sarairanjan PS along with police party while were engaged in routine vehicle checking on 23/10/2006 at about 7:00 AM, during course thereof, a cyclist came who, seeing the police, tried to escape. Considering his suspicious activity, he was apprehended and from a bag kept at carrier of the cycle, during course of search in presence of two independent witnesses, Tej Narain Rai and Satrughan Rai, three packets of Ganja weighing 23 Kilograms was seized and for that, he failed to produce any kind of explanation/document in order to justify such possession. Accordingly, seizure list was prepared. On interrogation, the apprehended accused disclosed his identity as Bishun Singh who also made inculpatory extra judicial confessional statement.