SHARWAN VISHWAKARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and sentence passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to 'as the Act'), whereby the learned Judge convicted the appellant under S. 20 of the Act and sentenced him to undergo rigorous imprisonment for 10 years and also to pay fine of Rs. 1,00,000/- in default of which he shall have to undergo further rigorous imprisonment of two and half years.

(2.) The case of the prosecution in brief is that on 9-8-1994, the Informant, Bishwanath Singh, Hawaldar, while moving on patrolling duty near the market, he found one person named Sharwan Vishwakarma coming from house of one Ramkrishna. He called the appellant, who tried to flee away and thereafter the Informant chased and caught him. From the pocket of the accused/appellant, on search found one small packet of newspaper containing powder like Heroin. He also found one Panama Cigarette. On enquiry the appellant disclosed that he had purchased it from Santosh Kumar Singh on payment of Rs.25/-. Accordingly, the seizure list was prepared and the case was registered. The police investigated into the case and submitted charge-sheet against the accused/appellant.

(3.) The appellant appeared before the trial Court. Charge under S. 20 of the said Act was framed, to which the appellant pleaded not guilty. The witnesses were examined. After hearing both sides and perusing the evidence on record, the trial Court convicted and sentenced the appellant in the manner, as stated above.