PARAS YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Paras Yadav vide judgment of conviction dated 11.3.2016 and order of sentence dated 15.3.2016 passed by the Sessions Judge cum Special Judge, Buxar in N.D.P.S.Case No. 6 of 2014/ 6(A) of 2014/ 6(B) of 2014 (conjointly) arising out of Simri P.S.Case No. 73/2014 held guilty for an offence punishable under section 20(b)(ii)(c) of the N.D.P.S.Act and has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. 1 lac and in default thereof, to undergo R.I. for two years, additionally.

(2.) Daljit Jha (P.W.7) recorded his self statement on 30.4.2014 at about 3 A.M. at Chakraki Darar Sareh, south to village Dullahpur (Niyajipur) alleging, inter alia, that while he alongwith S.I. Raj Kumar, constable Dharmdeo Singh (not examined), Babulal Singh (not examined), Biswanath Singh (P.W.3), Navratan Ram (P.W.4), Sheonath Ram (not examined), was in night patrolling, received confidential information from the S.P., Buxar at about 8 P.M. with regard to storage of Ganja at the out house of Dilip Yadav, son of Paras Yadav. Accordingly, he contacted with Sub-divisional Magistrate, Dumraon for deputation of an Executive Magistrate whereupon, was directed to contact Deepak Kumar Srivastava, Executive Magistrate, Dumraon, who was in the vicinity and, was requested to arrive at Ashaparhi Chowk. He came to Ashaparhi Chowk where met with Deepak Kumar Srivastava and then, they all reached in village Niyajipur market where, took Ramsurat Yadav, local Chaukidar (not examined) and then have raided the exact place lying adjacent south to pumping set house of Dilip Yadav son of Paras Yadav lying South to village Dullahpur at a distance of 500 meters. There has been one Varandah East to that room where one person was sitting over the cot who seeing the police, tried to flee but was apprehend. On query, he disclosed his identity as Paras Yadav son of Hare Ram Yadav of village Dullahpur (Niyajipur). Further more, they found the room locked whereupon, asked for a key which was handed over by him. After opening the room in presence of local witness whose presence was over the tractor, namely, Angrahit Yadav as well as Ram Bali Gond, firstly a notice under section 50 of the N.D.P.S.Act was served upon Paras Yadav and then thereafter, they have, after opening the door gone inside the house, made search. During course of search, they had taken out three bags kept concealed beneath straw. All bags were opened and then Ganja was found duly wrapped in a golden plastic packet. After seizing, respective packets were found to be weighing 16.372 Kg, 16.166 Kg. and 16.114 Kg. Approximately 100 grams Ganja was taken out conjointly from all the three packets and then, it was mixed and then sample was prepared approximately weighing 25 grams and all the eventuality that means to say preparation of seizure list, sealing of the samples, sealing of plastic packets were done in presence of all, over which there has been signature of both the witnesses including the Executive Magistrate, the informant and the accused. The sealed packets were marked as A1, A2 and A3. Further more, on interrogation Paras Yadav has confessed that his son Dilip Yadav alongwith Bharat Singh of village Balihar and Hulchul Kamkar @ Santosh Kamkar and others are actively involved in dealing with the Ganja illegally. They used the Ganja concealed at this place which is being watched by him. After recording of the self statement, the accused, sample Ganja alongwith police personnel the Executive Magistrate, accused returned to the police station.

(3.) Simri P.S.Case no. 73/2014 was registered on the basis of the above referred self statement of the informant Daljit Jha followed with an investigation as well as filing of the charge sheet (in part wise) after concluding the same facilitating the trial meeting with the ultimate result, subject matter of the instant appeal.