JAGDISH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant has been convicted for an offence under Section 20(b)(i) of the N.D.P.S. Act, 1985 and sentenced to five years' imprisonment on the charge that he was found in possession of 15 kg. of contraband Nepali ganja. The bag was being carried on a bicycle by the appellant. He was intercepted on suspicion by S.I. and constables of Excise Bahera Anchal. The occurrence was of 20th January, 1988. Excise officials filed prosecution report under Section 47 (a) of the Bihar Excise Act and the appellant was placed for trial before the Judicial Magistrate. The Judicial Magistrate was of the opinion that the appellant had committed an offence punishable under Section 23 of the N.D.P.S. Act and hence, the case was committed to the Court of Sessions. The Sessions Court framed charge under Sections 20(b)(i) and 23 of the N.D.P.S. Act. The appellant has been acquitted under Section 23 of the Act. The appellant denied recovery of ganja, as alleged by the prosecution.

(2.) The learned trial Judge has accepted the evidence of Excise officials with regard to recovery of Ganja. In my opinion, there is cogent evidence against the appellant that 15 kg of ganja was being carried on a bicycle and he was arrested by the Excise officials for carrying the ganja.

(3.) The question for consideration is whether the appellant could be tried under the provision of N.D.P.S. Act. In the present case, there is no compliance of Section 50 of the Act. Section 50 of the Act was not applicable since ganja was not recovered from personal possession of the appellant.