KALESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. N. K. Chatterjee, Advocate and learned counsel for the State, Mr. Pankaj Kumar, learned Additional Public Prosecutor.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 05.04.2004 passed by the learned Additional Judicial Commissioner, Fast Track Court No.5, Ranchi, in Special Case No. 08 of 2001, whereby the sole appellant has been held guilty of the charge under Section 22 (a) of the Narcotic Drugs and Psychotropic Substance Act (N.D.P.S. Act) 1985 and awarded sentence of rigorous imprisonment for six months and fine of Rs.1,000/- and in case of default in payment of fine further sentenced to undergo rigorous imprisonment for one month. The period undergone shall be set off against the period of sentence awarded.

(3.) The prosecution case, is based upon, self statement of Officer-In-charge, Chutia Police Station, Saroja Nand Jha(P.W.1) recorded on 01.06.2001 at 17.15 hrs. at Patel Chowk, wherein the informant has stated that, today i.e. on 01.06.2001, he has received a confidential information that, Kaleshwar Singh is selling Ganja in his betel shop, situated near Patel Chowk and in order to verify the same, he along with Sub-Inspector , Ganesh Prasad(P.W.5), A.S.I., S. N. Mandal, (not examined) and constable no.759, Upendra Sharma (not examined), went to Patel Chowk and made a raid in the Gumti of accused, Kaleshwar Singh, in presence of two independent witnesses of the locality namely, Ravi Verma(P.W.3) and Umesh Kumar Rai (P.W.4) at 4.40 P.M. During search eight small polythene packets of Ganja containing 45 grams in total and four packets of cigarettes and out of them three contained 10 cigarettes each and one contained 6 cigarettes filled with Ganja were recovered from Betel shop of the accused, Kaleshwar Singh. The accused could not produce any license in proof of possessing the said contraband articles and a seizure list (Exhibit-1) was accordingly, prepared in presence of independent witnesses, who have put their signature on the same and a copy of seizure list was delivered to accused, who put his signature over it. Saroja Nand Jha, Officer-In-charge of Chutia Police Station has recorded his self statement at the place of occurrence. Thus, police instituted First Information Report bearing Chutia P.S. Case no. 51 of 2001 dated 01.06.2001 under Section 22 of Narcotic Drugs and Psychotropic Substance Act (N.D.P.S. Act) 1985 against the accused, Kaleshwar Singh. The police took him in custody and A.S.I., S.N. Mandal was entrusted to make investigation of the case.