TAPESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant is convicted in a case under Section 20(a)(1) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act") to undergo rigorous imprisonment for three years and also to deposit a fine of Rs. 15,000/ -, failure to deposit the fine, would further lead to rigorous imprisonment for one year.

(2.) The prosecution case is that on secret information, the S.I.of Kasma Police Station Raj Kumar Tiwary went to the Baithka of the appellant Tapeshwar Singh in the belief that Tapeshwar Singh was engaged in the plantation of ganja trees. The S.I. had given information to the Police Inspector Sheojee Ram on wireless and on the order of Sheojee Ram proceeded towards the village of the appellant. On reaching the village, it is alleged that in the presence of PWs 1 and 2, 23 ganja plants were for determining whether the plants were garya plants or not.

(3.) IN this case, 11 witnesses have been examined. The relevant witnesses for the purposes of deciding the case would be PWs 1 and 2, the other being the police officials/constables.