RAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Raj Kumar @ Raj Kumar Singh @ Kakari Jha @ Kakari Singh has been found guilty for an offence punishable under Section 20(b)(ii)(C) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.1,00,000/- in default thereof, to undergo R.I. for two years vide judgment of conviction dated 28.11.2017 and order of sentence dated 30.11.2017 passed by the Additional Sessions Judge, Ist -cum- Special Judge, NDPS, Begusarai in NDPS Case No.12/2016 arising out of Bhagwanpur P.S. Case No.155/2016.

(2.) Gunjan Kumar (PW.4), Officer-in-charge of Bhagwanpur P.S. recorded his self-statement on 15.07.2016 disclosing therein that after receiving confidential information with regard to indulgence of Kakari Jha in dealing with Ganja, a raiding party was constituted and house of appellant was raided. It is further evident that at the time of conduction of raid, none was present. However, house was searched and from a veranda where there was heap of straw, three plastic bags were recovered and on search, the Ganja packets weighing 10+10+10+5 Kg. (totalling 35 Kg.) were recovered for which, as the local people failed to cooperate and declined to become seizure list witness, in presence of Shambhu Chaudhary and Rajesh Kumar Aman (member of the raiding party) seizure list was prepared, self-statement was recorded. As there was no family member on account thereof, a copy of the seizure list was pasted over the house. They returned back along with seized Ganja.

(3.) After registration of Bhagwanpur P.S. Case No.155/2016 investigation commenced and concluded by way of submission of charge sheet, followed with trial meeting with ultimate result, subject matter of instant appeal.