PHALLI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has preferred this anneal against the judgment of conviction dated 16.2.2006 and its order of sentence dated 18.2.2006 passed by Ist Additional Sessions Judge, Bettiah in Trial No. 25 of 2003. The sole appellant has been convicted under Section 20 of N.D.P.S. Act and has been sentenced to undergo R.I. for seven years with fine of Rs. 50,000/ - in default S.I. for six months.

(2.) ON 26.1.2003, S.I. of Beltha P.S. received a confidential information regarding carrying of ganja by a eye list in attache near Balthar village. The S.I. alongwith other police personnel proceeded in a jeep towards Balthar village. When they come near Beltha village, they saw a person on cycle with attache. He was asked to stop upon which he attempted to flee away. However, he was caught by the police alongwith cycle and attache. In presence of two independent witnesses, the attache was opened and 9 kgms. of ganja was recovered wrapped in polythin. Seizure list was prepared in presence of appellant and independent witnesses.

(3.) DEFENCE is a complete denial of the prosecution case and plea of innocence.