SETH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appeals arise from the same judgment and have been heard together and are being disposed of by this common judgment.

(2.) Appellants have been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substance Act (in short the Act) and have been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs, 1,00,000 and in default of payment of fine he will have further to undergo simple imprisonment for two years.

(3.) Brief facts leading to the case is that Sheosagar P.S. Case No. 93 of 2001 was registered on the basis of the self statement of SI. Kudartullah on 16.8.2001 at 7 a.m. in the orchard of Jit Narayan Singh stating therein that on the same day at about 6 a.m. he got a secret information that some ante-social elements used to sell heroin and some persons consume the same in the orchard of Jit Narayan Singh. After getting this information, the informant along with other police party has conducted raid in the orchard. It has been further alleged that after seeing the police party some persons began to flee away who were apprehended with the help of police party and the Chaukidar and the apprehended persons have stated their names as Munna Chaudhary, Lal Bahadur Singh, Sunil Prasad, Narayan Singh, Santosh Kumar Singh, Niranjan Singh, Basudeo Yadav alias Barister Yadav and Ramashray Singh. In presence of independent witnesses, namely, Dhanesh Sah, Suresh Sah and Rameshwar Sah search was made one by one of the accused persons. It has been further alleged that 12 Punas of Hiroin was recovered from the waist of Santosh Kumar Singh, 9 Purias Heroin was recovered from the pocket of Niranjan Singh, 12 Purias Heroin was recovered from the waist of Ramashray Singh (since deceased). Seizure list was prepared. They put their signature over it. It has been further alleged that three apprehended persons Santosh Kumar Singh, Niranjan Singh and Ramashray Singh (since deceased) have stated on interrogation that they were given Heroin by Seth Chaudhary to sell the same and after selling the same they make payment to him. The total weight of seized article was 1 gram 650 miligram. It has been further stated that Sunil Prasad, Munna Chaudhary, Lal Bahadur Singh, Narayan Singh, Basudeo Yadav alias Barister Yadav were sitting to consume the Heroin after purchasing it. They were arrested. The police started investigation and thereafter submitted chargesheet against the accused persons. Thereafter cognizance was taken and the case was committed to the session for trial and finally the trial concluded with the result as indicated above.