RAMCHARAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) On call, learned counsel for the appellant is absent, on account thereof, Sri Arun Kumar Tripathi has been requested to assist the Court as an Amicus Curiae, which he consented.

(2.) Appellant Ramcharan along with Jairam Sharma (not appellant) has been found guilty for an offence punishable under Section 20(B) of the N.D.P.S. Act and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.10, 000/- and in default thereof, to undergo S.I. for two months, additionally, under Section II(B) of the N.D.P.S. Act and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.10, 000/- and in default thereof, to undergo S.I. for two months, additionally, under Section 22(B) of the N.D.P.S. Act and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.10, 000/- and in default thereof, to undergo S.I. for two months with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial will be subject to set off by the Additional Sessions Judge-6 th, West Champaran at Bettiah vide judgment of conviction and order of sentence dated 18.04.2015 in Trial No.34 of 2009 arising out of Bhagha P. S. Case No.16 of 2009, G.R. No.2196 of 2009. Before coming to adjudicate upon merit of the case, the judgment impugned suggest that the same has been passed in mechanical manner as the learned lower Court had failed even to see the format of the charge wherefrom it is apparent that no charge under Section II(B) was framed against the appellant nor such provision under N.D.P.S. Act rather it happens to be Section 20(b) (II) (B) of the N.D.P.S. Act. Furthermore, from the format of the charge, it is evident that charge under Section 22(B) of N.D.P.S. Act has been framed, but it happens to be Section 22(b) of the N.D.P.S. Act.

(3.) Pw-1 Gokul Chandra Day an Assistant Commandant of S.S.B., 27th Battalion filed written report on 27.08.2009 by way of producing three apprehended persons namely Jairam Sharma, Ramcharan and Sadruddin along with three jackets containing 09 k.g. (03 k.g. in each jacket) Ganja, seizure list with an allegation that during course of patrolling, they have seen these three persons crossing inside Indian Territory from Nepal at pillar no.423 and on account thereof, were challenged whereupon, they began to flee, were chased, apprehended and on search, Ganja were found inside the jacket duly stitched. Accordingly, same was taken out weighed measuring 09 k.g. (03 k.g. each from one jacket) and accordingly, seizure list was prepared. Then thereafter, the three apprehended persons along with seized Ganja, jacket were produced before the police.