LAWS(PAT)-2018-9-61

RAM BABU PASWAN @ RAM BABOO PASWAN, S/O LATE RAM SUNDAR PASWAN Vs. STATE OF BIHAR THROUGH SHIVENDRA SATYARTHI

Decided On September 14, 2018
Ram Babu Paswan @ Ram Baboo Paswan, S/O Late Ram Sundar Paswan Appellant
V/S
State Of Bihar Through Shivendra Satyarthi Respondents

JUDGEMENT

(1.) The present Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") was preferred by the sole appellant against judgment of conviction and sentence passed in D.R.I. Case No. 11 of 2008 by Sri Prabhakar Mishra, learned 2nd Addl. Sessions Judge, Muzaffarpur (hereinafter referred to as the "trial judge"). By judgment dated : 17.09.2017 the appellant was held guilty and convicted for commission of offence under Section 20(ii) (C) of the Narcotic Drugs And Psychotropic Substances Act, 1985 (hereinafter referred to as the "N.D.P.S. Act") and by order dated23.09.2017 the appellant under the aforesaid Section was sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,50,000/- and in default of payment of fine he was further directed to undergo simple imprisonment for three years.

(2.) Short fact of the case is that on 05.12008 one Sri Shivendra Satyarthi [P.W. 4], Intelligence Officer, D.R.I., S.R.U., Muzaffarpur received secret information regarding concealment of Nepali Ganja in the house of the appellant. Thereafter, informant and superior officials formed a raiding team and after obtaining services of local Police conducted raid in the house of the appellant and on search from a room of the house of the appellant two plastic bags were recovered. In two plastic bags there were altogether eight (08) packets containing Ganja. The appellant was also examined by the Intelligence Officer and he disclosed that the said Ganja was virtually of one Manoj Rai, and thereafter, raiding party visited the house of Manoj Rai where his elder brother -Surya Kant Rai was found. Surya Kant Rai also disclosed regarding his involvement and stated that actually it was committed by his brother -Manoj Rai. Subsequently, this appellant with Surya Kant Rai and seized Ganja were carried to D.R.I. Office, S.R.U., Muzaffarpur. On the next day seizure memo was prepared. The appellant and Surya Kant Rai were formally arrested by preparation of arrest memo and appellant with other accused persons were produced on 07.12008 before the learned Sessions Judge, Muzaffarpur and they were remanded. Subsequently, P.W. 4 / Intelligence Officer conducted enquiry and finally on 204.2009 a complaint petition along with enclosures were filed in the court of learned Sessions Judge, Muzaffarpur disclosing the following facts:-

(3.) After filing of the complaint petition on 06.06.2009 learned Session Judge took cognizance of the offences. Since it was official complaint petition the learned Sessions Judge proceeded to examine witnesses before charge. Before charge altogether three witnesses, namely: Shivendra Satyarthi, Intelligence Officer, Krishna Nandan Prasad and Babu Lal Paswan were examined , and thereafter, finally on 25.06.2012 charge was jointly framed against the appellant and Surya Kant Rai for offence under Section 20(b)(ii)C of the N.D.P.S. Act. It is necessary to indicate that complaint was initially filed against three accused persons, however, since one of the accused remained absconder, on 31.05.2010 his case was separated and case against remaining two accused which includes the appellant proceeded.