MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 24-8-1998 and order of sentence dated 27-8-1998 passed by the learned Sessions Judge-cum-Special Judge, Dhanbad, in G.R. Case No. 2950 of 1996, whereby and whereunder, he convicted the appellant under S. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N.D.P.S. Act') and sentenced him to undergo rigorous imprisonment for four years.

(2.) The prosecution case in brief as stated is that on 27-9-1996 at about 2-00 p.m. while the informant was passing through Balika Vidyalaya near Began Dhowra with a constable noticed that a person was coming on a bicycle from the side of Kumardhubi Market and he had a Jhola on his bicyle and on seeing them, he started fleeing away but he was chased and caught. On search, four kilograms of Ganja was recovered from his jhola but he failed to produce any document in respect of the said Ganja. Accordingly, seizure list was prepared in presence of the independent witnesses. The first information report was lodged accordingly. The police investigated the case and submitted charge-sheet against the appellant.

(3.) The appellant appeared before the Special Judge and charge under S. 20(b)(i) of the N.D.P.S. Act was framed which was read over to which he pleaded not guilty.