KHATOON NESHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Khatoon Nesha, Zamdin @ Zamdin Mian have been found guilty for an offence punishable under Section 20(b)(iii)(c) of the NDPS Act and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees one lac in default thereof, to undergo S.I. for one year, additionally, under Section 22(c) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees one lac in default thereof to undergo S.I. for one year, additionally, by the Additional Sessions Judge, Vth-cum-Special Judge, NDPS, West Champaran at Bettiah in Trial No.28 of 2016 / 25 of 2017 arising out of Gaunaha P.S. Case No.74/2016 vide judgment of conviction and order of sentence dated 30.11.2018 with a further direction to run the sentences concurrently, with a further direction that the sentence will be effective from the date of arrest..

(2.) Anjay Kumar Rajak (PW.6) a Dy, Superintendent, SSB filed written report disclosing therein that after having been confidentially informed by his spy with regard to storage as well as sale of narcotic substance (ganja) by Zamdin @ Zamdin Mian of village Bhitiharwa, after informing the concerned officials, constituted a raiding party, and then, thereafter, conducted raid at the place of Zamdin @ Zamdin Mian. At that very time his wife Khatoon Nesha was present and in whose presence as well as in presence of co-villagers Bitu Kumar (PW.4) and Mukesh Kumar (PW.3) his house was searched and during course thereof, from a plastic bag 20Kg of ganja was seized, from a jhola, half Kg of ganja was seized and from another jhola certain sachets were recovered weighing 25 Gms of ganja, totalling 20.525 Kg and for that, seizure list was prepared. Because of the fact that Khatoon Nesha failed to produce any document regarding legality of possession on account thereof, she was also taken into custody for that arrest memo was prepared. Therefore, written report, the material exhibit along with apprehended accused have been produced before the concerned police station.

(3.) After registration of Gaunaha P.S. Case No.74/2016 investigation commenced and concluded by way of submission of charge sheet, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.