MADAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Madan Singh has been convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the N.D.P.S. Act, 1985) by judgment dated 21.02.2018 passed by the learned 1st Addl. Sessions Judge, Saran at Chapra in N.D.P.S. Case No. 5 of 2016 (C.I.S. Registration No. 3 of 2017), arising out of Amnour P.S. Case No. 197 of 2016, and by order dated 26.02.2018, he has been sentenced to undergo rigorous imprisonment for five years for the aforesaid offence, to pay a fine of Rs. 50,000/- and in default of payment of fine, to further suffer simple imprisonment for six months.

(2.) Three and a half kilograms of Ganja is stated to have been recovered from the house of the appellant.

(3.) The F.I.R. has been lodged by one Uday Kumar (P.W. 2), who has alleged that he, while on patrolling duty in the day time on 18.11.2016, received an information through a spy that Madan Singh of Village-Parshurampur, who has been dealing in narcotics, is present in his house and on search of his house, narcotics can be recovered. The aforesaid information was sent through wireless to the Circle Officer, Amnour with a request to accompanying him to the aforesaid village for the purposes of raid. On the refusal of the Circle Officer to be part of the raiding team, the Block Development Officer, Amnour was contacted by him. He also expressed his inability. The informant, thereafter, proceeded towards Village-Parshurampur and when he reached near the house of the appellant, one person was spotted running away. He was apprehended and he disclosed his name as that of the appellant. His house was searched in presence of two independent persons, viz. Santosh Singh and Naveen Singh, both of them are villagers of Parshurampur village and from there, a tin-box, containing three and a half kilograms of Ganja, was recovered. The Ganja was weighed by the weighing scale which was provided by the appellant himself. Two samples of 100 grams each were prepared and a seizure-list also was made. The appellant and the witnesses signed on the seizure-list.