RAMA SHANKAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has challenged the judgment of conviction dated 07.01.1998 and order of sentence dated 08.01.1998 passed in G.R. Case No. 10 of 1996/07 of 1997 by which he has been convicted under Section 27(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 10,000/ -, and in default of payment of fine, further to undergo rigorous imprisonment for one year.

(2.) THE prosecution case in short is that the informant, who was a Probationary Assistant Sub -Inspector, with a number of other police officers was deputed to maintain law and order on the Ranchi -Tata bye -pass road. A bus bearing registration No. BR -26P/0361 was standing at the bus stand. The Police party began to check the bus and suspected that one of the passengers, a young man, was carrying an attach (small suitcase) in suspicious circumstances. On questioning, he did not want to open his luggage. As a result, the police seized the suitcase for the purpose of searching the contents therein. The informant informed the Deputy Superintendent of Police, who was examined as PW 7, and the Deputy Superintendent of Police came at the spot and seizure list was prepared in his presence.

(3.) LEARNED Counsel for the appellant has submitted that (1) the informant was only a Probationary Assistant Sub -Inspector and could not have made a search without the presence of any gazetted Officer, (2) the evidence of the Deputy Superintendent of Police indicates that the search was not made in his presence, (3) the independent seizure list witnesses have turned hostile and (4) the seized cannabis was not sealed or sent to the Forensic Laboratory for its chemical analysis.