MAHENDRA MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant stands convicted of offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act( the Act, for short) and sentenced to rigorous imprisonment for ten years as also to pay a fine of rupees one lac, else, to suffer rigorous imprisonment for further period of three years by the judgment and order dated 17.12.2009 and 23.12.2009, respectively, passed by the Additional Sessions Judge-I-cum-Special Judge, Bhojpur at Ara in N.D.P.S. Case No. 70 of 1991.

(2.) THE police received an information about the storage of Ganja by the appellant in his house while the informant and his companion police personnel were on patrolling duty. THEy reached at the house of the appellant and found a jeep parked there. Two gunny bags were loaded over it which contained 72 K.Gs. of Ganja. THE informant( not examined) entered inside the house of the appellant to conduct the search and recovered yet another quantity of 138 K.Gs. of Ganja. THE seizure memo was prepared in presence of two independent witnesses. Sample was allegedly drawn and finding material against the appellant sufficient, the appellant was put on trial.

(3.) THE appellant is in custody. He shall be released forthwith, if not wanted in any other case.