MAHESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises against the judgment dated 24-6-1997 passed by the Special Judge, Dhanbad in C.E. Case No. 459 of 1995. whereby and whereunder the learned Special Judge convicted the appellant for committing the offence under Section 20-B(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has sentenced him to undergo R.I. for a period of 3 years and to pay a fine of Rs. 2000/- in default to undergo R.I. for a further period of 3 months.

(2.) The prosecution story is that on 1-9-1995 at about 2.30 P. M. Pavitra Mandal, Sub-Inspector of Excise (PW-4) along with Jairam Bhagat, Asstt. Sub-Inspector of Excise (PW-1), Baban Prasad an Excise Constable (PW-2) and Suman Kumar Singh (PW-3), conducted a raid and search of the Gumti of the appellant under the direction, supervision and control of the Assistant Commissioner of Excise, Dhanbad and in course of search recovered 58 small packets (Puria) each containing 2 grams of Ganja and 20 such packets of each containing 2 grams of contraband Ganja were recovered and seized from the "Gumti" of the appellant. A seizure list was prepared in presence of two independent witnesses namely, Sattar Khan and Madan Kumar Singh. The sample of Ganja seized, was sent for Chemical Analyst, which according to the report of Chemical Analyst was found to be Ganja.

(3.) The defence of the appellant was total denial of the occurrence and of false implication.