DURGANAND MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the above stated sole appellant against the judgment of conviction and sentence order dated 22.1.2004 passed by the Addl. Sessions Judge I-cum- Special Judge, Araria in Special case no. 7/1999 arising out of Forbesganj (Simraha) P.S. case no.36/1999 by which and whereunder the above stated appellant was convicted for the offence punishable under section 20 (b) (1) of the N.D.P.S. Act, 1985 and accordingly, was sentenced to undergo rigorous imprisonment for five years and also fine of Rs 50, 000/- and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for three years.

(2.) Pw6, Arvind Kumar got recorded his self statement on 25.1.1999 to this effect that on the same day he got confidential information that a person was carrying ganja on his bicycle and having made sanha entry, he proceeded to railway Gumti, Simraha along with Chaukidar and other constables. He reached near railway gumti and saw a person carrying a bag on his bicycle. He stopped the aforesaid person and made search in presence of his companions as well as PW1 and PW2 and recovered 2 1/2 kg ganja from the above stated bag. He prepared seizure list in presence of PW1 and PW2 and forwarded his self statement to Forbesganj police station for institution of the FIR and accordingly, formal FIR was drawn up on the same day. PW6 handed over charge of investigation to the Investigating officer of this case who, in his turn, having completed investigation submitted charge sheet against the appellant. The cognizance of the offence was taken and the appellant was put on trial and appellant stood charged for the offence punishable under section 20 (b) (1) of the N.D.P.S. Act, 1985 which was denied by him.

(3.) In course of trial, prosecution examined, altogether, six witnesses and also got exhibited signatures of PW1 and PW2 as exhibit 1 series, seizure list as exhibit 2, fardbeyan as exhibit 3, forwarding report as exhibit 4 and endorsement on fardbeyan as exhibit 5. The statement of the appellant was recorded under section 313 of the Code of Criminal Procedure in which he, again, denied the prosecution story. No evidence was adduced by the appellant in support of his defence but from perusal of trends of crossexamination of the prosecution witnesses, it appears that the defence of the appellant was total denial of the prosecution story.