VIJAY NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant stands directed against the impugned judgment and order, dated 16.9.1998 passed in G.R. Case No. 1124 of 1993 by Shri P.N. Yadav, Sessions Judge -cum -Special Judge, Dhan -bad whereby and whereunder the appellant was found guilty for the offence punishable under Section 20(b)(i) and (ii) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as to said Act) and he was convicted and sentenced to under rigorous imprisonment for ten years for the offence under Section 20(b)(ii) and rigorous imprisonment for four years under Section 20(b)(i) of the said Act. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the self -statement (Ext. 5) of PW 1 SI Suraj Bhushan Sharma, O/C Katras Police Station, District -Dhanbad recorded on 24.3.1993 at 15.45 hours at Katrasgarh Rajbari road lodged before Katras Police Station on that very day at 17.30 hours and a formal first information report was drawn instituting a case against the appellant under the provisions of the said Act. The self -statement and the formal first information report was received on 26.3.1993 in the Court empowered to take cognizance.

(3.) IN course of investigation, the said recovered incriminating articles from the possession of the appellant and co -accused Kewal Sharma was sent to Forensic Science Laboratory, Patna for its chemical examination and the report in respect thereof is Ext. 1 and the recovered articles was found to be heroin and ganja as per the report aforesaid. Co -accused Kewal Sharma, who was enlarged on bail vide order dated 22.9.1993, had absconded as a result of which his trial was split up and the trial of the appellant only proceeded before the Court below.