JITAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Jitan Singh on account of having been found guilty for an offence punishable under Section 20-b(ii) (c) of the NDPS Act, and sentenced to undergo RI for ten years as well as to pay fine appertaining to Rs. I,00000/- (One Lac)-, in default thereof, to undergo SI for six months, additionally, vide judgment of conviction dated 10.01.2017 and order of sentence dated 17.01.2017 passed by 1st Additional Sessions Judge-cum-Special Judge, Madhubani in Trial No. 11/2014 arising out of Ladaniya PS Case No.119/2014, has challenged the same under instant appeal.

(2.) Informant, Sanjay Kumar No.1 (PW 1) O/C of Ladaniya PS recorded his self statement on 22.09.2014 depicting therein that while he along with other police personnels were on patrolling, he received confidential information with regard to storage of Ganja at the place of, Jitan Singh of Village-Khanjedih. Furthermore, it has also been incorporated that the Inspector of SSB, Daljit Singh also met with him and disclosed regarding illegal storage of Nepali Ganja by the aforesaid Jitan Singh whereupon, informant along with Daljit Singh as well as other police personnel proceeded. After reaching at village-Khanjedih, gone to the house of the accused, till then, the local CO also arrived and then, thereafter, they made raid at the house of the accused and during course thereof, 26 Kilograms of Ganja having been kept in a plastic bag beneath a Chowki was seized, weighed for which seizure list was prepared in presence of two seizure list witnesses, namely, Arun Singh and Pravin Kumar Raut, accused was taken into custody. Thereafter, they left for police station, where investigation was handed over to one B.K. Tripathi after registration of Ladaniya PS Case No.119/2014. As is evident from the record that investigation commenced and during course thereof, investigating officer, B.K. Tripathi was transferred succeeded by one Indradeo Das who got the sample examined and then, after completing the investigation, submitted charge- sheet, facilitating the trial, meeting with its ultimate result, subject matter of the instant appeal.

(3.) The defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial. Further, nothing has been adduced in defence.