MANOJ RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) MANOJ Rai is the appellant of Criminal Appeal No. 409 of 2007 whereas Birendra Kumar is the appellant in Criminal Appeal No. 621 of 2007. Both the appellants have been convicted to undergo rigorous imprisonment for ten years with a fine of Rs. One lack and in default of which further to go rigorous imprisonment for one year under Section 20(b)(1)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act").

(2.) THE prosecution case in short is that on 4.11.2003 at about 5 PM, the informant S.I. Jay Shankar Singh (PW 7) was on petrolling duty and when he reached near the Dildarganj over bridge, he was (sic: saw) two young boys carrying attaches and three air bags. The boys who are the appellants disclosed that they were on the way to Patna. The informant found that the appellants were nervous regarding their luggage and on suspicion, made a search of their luggage and it is alleged that 12 bags of Ganja were recovered from the attache and 10 kgs. of Ganja was recovered from a red bag from the appellant Manoj Rai. It is also alleged that 10.5 kgs. of Ganja was recovered from the red air bag carrying by the appellant Birendra Kumar and 11 kgs. of Ganja from the grey air bag. Seizure list was prepared which was signed by two independent witnesses, PWs 5 and 6.

(3.) THE Trial Court has convicted the appellants on the testimonies of PWs 7 and 8 i.e. S.I. Jay Shankar Singh who made the seizure and PW 8 the Investigating Officer of the present case.