SAHEB Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been listed under the heading for orders. However, after going through the judgment impugned in consonance with the evidence available on the record, it has been found appropriate to decide the appeal on its merit than to hear the prayer for bail.

(2.) Appellant Md. Saheb has been found guilty for an offence punishable under Section 21(b) of the N.D.P.S. Act and sentenced to undergo R.I. for six years as well as to pay fine appertaining to Rs.50,000/- and in default thereof, to undergo S.I. for one year and six months, additionally, with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 of the Cr.P.C. vide judgment of conviction dated 18.04.2019 and order of sentence dated 24.04.2019 passed by the Sessions Judge-cum- Special Judge, West Champaran at Bettiah relating to Trial No.17 of 2017, CIS No.-NDPS-12 of 2017 arising out of Town P. S. Case No.718 of 2016.

(3.) Bimlendu Kumar (PW-3), O/c of the Town Police Station recorded his self-statement on 26.12.2016 at about 7.55 A.M. at the house of Md. Saheb (appellant) divulging the fact that after receiving confidential information with regard to indulgence of Md. Saheb in an illegal activity (selling of smack) information was given to superior police official and then, after constituting raiding party, came at Mohalla Naurangabagh where conducted raid at the house of Md. Saheb on the basis of proper identification by spy. He knocked, whereupon one person came out, who on query, disclosed his identity as Md. Saheb. After taking consent over search of his house, they began to search. During course thereof, yellow colour plastic sachet was recovered from his jacket, which he was wearing at that very moment, containing powder of soil colour. On query, Md. Saheb disclosed that it happens to be a smack weighing about 200 gm, having been provided by Aslam of Raxaul. Accordingly, he was apprehended, search-cum- seizure list was prepared.