JAGESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Jageshwar Rai having been found guilty for an offence punishable under Section 20 (b) of the NDPS Act, sentenced to undergo RI for ten years as well as to pay fine appertaining to Rs. 50,000/- (Fifty thousand), in default thereof, to undergo SI for three months, vide judgment of conviction dated 21.07.2016 and order of sentence dated 28.07.2016 passed by 1st Additional Sessions Judge, Supaul relating to Special Case No. 04/1997.

(2.) A raiding party was constituted on an information received from Sri. R. Prasad, Superintendent, Custom regarding storage of Nepali Ganja by Jageshwar Rai of Village Motipur Haripur, PS-Karjain and accordingly, raid was conducted. On search, nothing has been found from his physical possession as well as from his house but, during course of interrogation, he disclosed to have concealed it under the heap of straw, as narrated, being at some distance, whereupon the raiding party gone there and after removing the same 24 bags weighing 547 Kilograms of Nepali Ganja has been found, seized and for that, necessary formalities were performed including arrest of the accused, recording of inculpatory confessional statement.

(3.) After conducting an inquiry, the prosecution report was filed which happens to be the basis of the instant trial.