NARESH KESHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Naresh Keshari has been found guilty for an offence punishable under Section 20(c) of the NDPS Act and sentenced to undergo R.I for 10 years as well as to pay fine appertaining to Rs. 1,00, 000/- and in default thereof to undergo R.I for 5 years additionally, vide judgment of conviction dated 03.02.2016 and order of sentence dated 08.02.2016 passed by 1st Additional Sessions Judge-cum Special Judge (NDPS Act) , Gaya in connection with NDPS Case No. 16 of 2012 arising out of Barachatti P.S. Case No. 337 of 2012.

(2.) Pw-7, Ramdeo Prasad Sharma submitted written report on 24.07.2012 divulging the fact that in the preceding evening while he along with constable Balram Ram, Mahendra Singh, Birendra Kumar Singh were on patrolling, received confidential information regarding storage of ganja at the grocery shop of appellant Naresh Keshari lying at village Bhaluachatti. Accordingly, they reached at the destination. Seeing the police, shopkeeper Naresh Keshari after locking the shop succeeded in his escape. His family members were informed to come and hand over the key or to open the shop but, none came and on account thereof, in presence of two villagers namely Surendra Manjhi and Charitra Yadav locks were broken, search was conducted, during course thereof, from a drum 30 Kg. Ganja was seized and for that, search-cum-seizure-list was prepared in presence of aforesaid two witnesses Surendra Manjhi and Charitra Yadav.

(3.) After registration of Barachatti P.S. Case No. 337/2012 investigation commenced and during course thereof, presence of appellant Naresh Keshari was procured, seized articles were sent to Forensic examination and, awaiting the report chargesheet was submitted facilitating the trial meeting with the ultimate result, subject matter of instant appeal.