GUDDU SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Guddu Singh has been convicted for the offence punishable under Section 20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the N.D.P.S. Act") by judgment dated 13.02.2017, passed by the learned 7th Additional Sessions Judge-Cum-Special Judge, Motihari, East Champaran, in N.D.P.S. Case No. 01 of 2015/30 of 2016, arising out of Chhauradano P.S. Case No. 150 of 2014, and by order dated 15.02.2017, he has been directed to undergo rigorous imprisonment for five years, to pay a fine of Rs. 50,000/- for such offence and in default of payment of fine to further suffer simple imprisonment for one year.

(2.) The appellant was found to be in possession of two kilograms of Ganja, which is a narcotic substance.

(3.) The case of the prosecution is based on the written report lodged by Gopal Lal Khatik (P.W. 3), who, at the relevant time, was posted as Assistant Sub-Inspector, 13th Regiment, S.S.B., alleging that on 28.12.2014, he received a confidential information at about 11 O'clock in the day that there would be a smuggling of narcotic substance. On such information, the Superior Police Officer was informed and on being permitted, a raiding team was constituted which laid a seize near Vashnavi Cinema Hall, Chhaurodano. At about 2:30 P.M., one motorcycle which was being driven by two persons was spotted. The persons who were riding the motorcycle started running away. One of the persons who was nabbed by the raiding team, on enquiry, disclosed his name as that of the appellant. He was given the option of being searched in presence of a Gazetted Officer or a Magistrate which was declined by him and the appellant permitted the raiding team to search his person. Two of the passersby were requested to become witnesses to the search and seizure, to which they agreed. In their presence, the motorcycle was searched and from the motorcycle, two plastic bags containing Ganja were found. On being tested by the drug detection kit, it was found to be Ganja. The narcotics was weighed to be two kilograms. During the course of investigation, the appellant disclosed that the motorcycle belonged to one Vidya Kishore Prasad of West Champaran. The appellant could not tell the name of the person who had given him the aforesaid Ganja, but was promised to be paid Rs. 1,000/-, on its successful delivery to one Pramod Singh, Son of Yogendra Singh, whose telephone number was also provided by the appellant.