NANDU KHATIK Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Nandu Khatik has been convicted under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 by judgment dated 9th of February, 2016 by the learned 6th Additional District and Sessions Judge, Bettiah at West Champaran in Trial No. 25 of 2011, arising out of Thakrahan (Bhitahan) P.S. Case No. 107 of 2010 and by order dated 17th of February, 2016, he has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further suffer rigorous imprisonment for one year.

(2.) Twenty (20) Kgs of Ganja is said to have been recovered from the bamboo roof of the house of the appellant.

(3.) The case of the prosecution is based on the F.I.R lodged by Zafar Jawed Khan, Sub-Inspector/P.W. 1. He has stated in his self statement recorded on 16.10.2010 that on the same day, he received secret information that the appellant has kept Ganja in his house. On such information, he constituted a Police team and raided the house of the appellant. The appellant could manage to run away from his house through the back-door. In the presence of two independent witnesses viz. Budhai Yadav and Gobari Yadav, search was conducted and from above the bamboo roof of the house of the informant, 20 Kgs of Ganja was recovered.