SANJAY KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Sanjay Kumar Gupta has been found guilty for an offence punishable under Section 20 of the NDPS Act and sentenced to undergo RI for 10 years as well as to pay fine of Rs. 1 Lakh in default thereof, to undergo RI for one year, additionally vide judgment of conviction dated 09.01.2009 and order of sentence dated 13.01.2009 passed by 5th Additional Sessions JudgeMuzaffarpur in DRI (NDPS) Case No. 26/2002, Trial No. 18/2008.

(2.) Briefly, the case as set up by the prosecution is that on getting confidential information, the members of the DRI conducted a raid at Platform No.4 of Muzaffarpur Railway Station where a person was found in possession of two straw board cartoons which were searched out and therefrom 25 Kilograms of Ganja wrapped in five independent bundles were seized and for that, seizure list, Punchnama, inculpatory extra-judicial confessional statement were prepared. Accused was forwarded to custody while the matter was inquired into and then, at the end of PW-2, R.K. Srivastava complaint was filed. There happens to be disclosure in the complaint that samples were sent for examination but, report was awaiting. It is further evident from the record that report has been received and is made an exhibit. After examination of witnesses before charge, charge was framed, witnesses were cross-examined after charge, some were examined after charge. Statement under Section 313 CrPC was recorded and then thereafter, hearing the argument, vide judgment impugned, the appellant has been found guilty in a manner as indicated above, hence this appeal.

(3.) Defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial. However, nothing has been adduced in defence.