BADRI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 23.3.96 passed by 1st Additional Sessions Judge, Dumka in Sessions Trial No. 83 of 1995 by which all three appellants were convicted under section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as N.D.P.S. Act) and was sentenced to undergo rigorous imprisonment for two years.

(2.) THE prosecution case, in short is that on 30th June, 1994 the house of these appellants was searched and 150 grams of green leaves of ganja was found kept in a bag in one of the rooms and behind the house of the appellants, 60 plants of ganja were found which was seized in presence of witnesses Sahru Rai (P.W. 1) and Sanichac Rai (P.W. 2) and seizure lists were prepared which were marked as Exts. 2 and 2/1. Sri K.P. Singh (P.W. 6) the Officer Incharge of Taljhari Police station submitted written report (Ext. 3) on the basis of which Jarmundi P.S. Case No. 76 of 1994 was registered against these appellants and the police, after due investigation, submitted chargesheet against these three appellants who belonged to same family and appellant no. 1 was the father and rest two appellants were sons of appellant no. 1 and after cognizance and commitment appellants were put on trial and were convicted as aforesaid.

(3.) THE prosecution examined altogether six witnesses in support of its case out of whom P.W. 5 A. S.I. Kalimuddin was tendered for cross -examination. P.W. 1 Sahru Rai and P.W. 2 Sanichar Rai were seizure list witnesses who proved their signatures as Ext. 1 and Ext. 1/1 on the seizure lists Ext. 2 and 2/1. P.W. 3 is constable Om Prakash Singh and P.W. 4 is A.S.I. Krishna Singh. P.W. 6 S.I. Kamal Pd. Singh is the investigating officer in this case.