ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment and order of conviction dtd. 6/7/2007 and sentence dtd. 9/7/2007 passed by learned Sessions Judge, West Singhbhum at Chaibasa in G.R. Case No.63 of 1995 whereby and whereunder, the sole appellant has been held guilty for the offence under Sec. 20(b) of Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced to undergo R.I. of 5 years with fine of Rs.50,000.00 and in default payment of fine amount, he was further sentenced R.I. of 2 years.

(2.) Factual matrix giving rise to this appeal is that the prosecution case is based on the written report of one Santosh Kumar, A.S.I. Sadar, P.S. Chaibasa (Sadar) before Officer-in-Charge, Chaibasa Sadar Police Station stating therein that during course of patrolling in Assembly Election on 2/2/1995 at about 1:00 AM, he was checking the vehicles, meanwhile, one bus bearing Reg. No.OSJ-401 was stopped for checking then one person was apprehended along with one briefcase(attache) under suspicious circumstances. It is alleged that the said attache was opened and then it was found containing 2 1/2 kg of ganja and the apprehended person disclosed his name as Ashok Kumar(appellant).

(3.) In the course of trial, altogether 5 witnesses have been examined by the prosecution namely:-