MOHD SHAFIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 4.3.1989 passed by the Special Judge (2nd Additional Sessions Judge), Darbhanga, in Sessions Case No. 14 of 1988 convicting the accused-appellant under Section 20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, shortly called as N.D.P.S. Act, and sentencing him to undergo rigorous imprisonment for four years.

(2.) The prosecution case, in brief, is that on 19.9.1987 Daya Shankar Rai, P.W. 9, the then officer-in-charge of Sadar Police Station, Darbhanga, received a confidential report to the effect that the accused-appellant, who was appointed as Chowkidar of cement pole factory, Katrahia, was still living within the premises of the factory although the said factory was closed down about one year back and that he had concealed Ganja within a room of the factory and was doing business with the same. A sanha entry was made on the basis of the report of the spy and then the officer-in-charge along with the A.S.I. Jogendra Prasad Singh went to the cement pole factory for the purpose of raid. On reaching there the outer gate of the factory was found to be locked. Then the neighbouring people were called and in their presence, the lock was broken and entry was made inside the factory and from inside the room of the factory which was also locked about 34 kgs. of Nepali Ganja could be recovered. The said Ganja was seized in presence of independent witnesses and the sample of it was made to be examined by an excise official, P.W. 8, who confirmed that the seized articles were Nepali Ganja. The accused-appellant surrendered before the Court below and he was remanded to custody.

(3.) After closure of investigation, police submitted charge-sheet under Section 20(b)(1), 23 & 25 of the N.D.P.S. Act, 1985. The Sessions Judge, who was acting as a Special Judge also under the notification of this Hon'ble Court, tried the case by framing charges against the accused-appellant under the said Sections of the N.D.P.S. Act.