LALDEO MAHTO @ LALO MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. Mahesh Tewari assisted by Md. Sahabuddin, Advocates as well as learned counsel for the State, Mr. Pankaj Kumar, Additional Public Prosecutor assisted by Mr. Suraj Verma, Advocate.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 17.12003 and order of sentence dated 19.12003 passed by the learned Special Judge Cum- Sessions Judge, (N.D.P.S. Act) Hazaribagh, in G. Case No. 9 of 1998/T.R. No. 6 of 2003, whereby the sole appellant has been convicted for offence committed under section 20 (B) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for 3 years and also a fine of Rs. 10,000/- and in default of fine, he shall undergo further period of one year rigorous imprisonment.

(3.) The prosecution case is based upon prosecution report submitted by informant Pradip Kumar Sinha (P.W.2) (Sub Inspector, Excise). As per the prosecution report informant got a confidential information on 18.05.1998, that one Laldeo Mahto is selling contraband substances in his shop, situated at village Koiri Tola, near Kali Mandir, Chitarpur, P.S. Ramgarh Project, DistrictHazaribag. On such information, the informant (P.W. 2) Pradip Kumar Sinha (Sub Inspector, Excise) along with Talkeshwar Tiwary (P.W.1) a constable and other police personnel reached the shop of appellant at 6.30 p.m and on searching in the shop, the informant got 250 g.m. of ganja and 250 g.m of Bhang(hemp) kept separately in polythene packet along with 24 pieces of chillams (Ganja smoking pot) was recovered and seized by the informant in presence of accused and two independent witnesses. Seizure list was also prepared on which accused has put his signature in presence of other witnesses and a copy of seizure list was also handed over to accused. Sample of the seized Ganja and Bhang which was separately sealed by the informant in a sack taken from the accused and thereafter informant along with accused and seized materials came to his office. The informant has remanded the accused to the court and also send the sample of the seized material for chemical test before the expert.