INDRADEV SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Indradev Singh having been found guilty for an offence punishable under Section 20-(b) (ii) of the NDPS Act, sentenced to undergo RI for five years as well as to pay fine appertaining to Rs. 25,000/-, in default thereof, to undergo SI for six months, vide judgment of conviction dated 05.12.2017 and order of sentence dated 11.12.2017 passed by 2nd Additional Sessions Judge-cum-Special Judge NDPS, Bhojpur, Ara relating to NDPS case No. 06/2015 arising out of Bihiya PS Case No. 143/2015.

(2.) Siddeshwar Kumar Dubey (PW 4) O/C of Bihia PS recorded his self statement that after constituting a raiding party, raid was conducted at the place of an accused of Gandhi Maidan PS Case No. 483/2013 at village Makhdumpur and during course thereof, it has been alleged that both the accused, namely, Indradev Singh as well as Guddu Singh managed to escape. House of both the accused were searched and during course thereof, nothing has been recovered from the house of Guddu Singh while from the house of Indradev Singh, five kilogram of Ganja has been recovered. Because of the fact that none of the villagers became ready to be a seizure list witness, on account thereof, two Chowkidars who were members of the raiding party, namely, Gupteshwar Ram and Nandji Ram stood as seizure list witness. A copy of the seizure list was tendered before the family members who declined to accept the same.

(3.) After registration of Bihia PS Case No. 143/2015, investigation commenced followed with submission of charge-sheet whereupon, the trial commenced and concluded in a manner, subject matter of instant appeal.