VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the appellant stands directed against the impugned judgment and order, dated 16.9.1998 passed in G.R. Case No. 1124 of 1993 by Shri P.N. Yadav, Sessions Judge -cum -Special Judge, Dhan -bad whereby and whereunder the appellant was found guilty for the offence punishable under Section 20(b)(i) and (ii) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as to said Act) and he was convicted and sentenced to under rigorous imprisonment for ten years for the offence under Section 20(b)(ii) and rigorous imprisonment for four years under Section 20(b)(i) of the said Act. However, both the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the self -statement (Ext. 5) of PW 1 SI Suraj Bhushan Sharma, O/C Katras Police Station, District -Dhanbad recorded on 24.3.1993 at 15.45 hours at Katrasgarh Rajbari road lodged before Katras Police Station on that very day at 17.30 hours and a formal first information report was drawn instituting a case against the appellant under the provisions of the said Act. The self -statement and the formal first information report was received on 26.3.1993 in the Court empowered to take cognizance. The prosecution case, in brief, is that PW 1, the informant, received a confidential information on 24.3.1993 at 14.00 hours that an illegal trade of brown sugar is being carried at Katrasgarh and one Kewal Sharma son of Sardari Lal Sharma, resident of Bose Colony, Police Station -Katras indulges in the said drug trafficking and he is providing narcotic drugs to the people in the locality who are becoming addict of it and he has been seen going towards Katrasgarh in that connection from Guhi Bandh and a raiding party was constituted headed by PW 2 SI Amar Nath Roy consisting of PW 1, the informant, SI B. Thakur (since dead and not examined in this case). PW 3 Pradip Ram, Police Driver and police force and they proceeded from the police station and when they reached near Rajhans factory they saw Kewal Sharma aforesaid going there and he was apprehended and his person was searched in presence of Shyam Lal Yadav and Dhan Singh, both independent witnesses (not examined), presently residents of Katras and two small packets containing brown sugar in small quantity were recovered from his right pocket of his full -pant and a seizure -list (Ext. 2) in respect thereof was prepared witnessed by the aforesaid independent witnesses and a copy of seizure -list was handed over to him on which he has put his signature (Ext. 3) and on interrogation he revealed that he acquired the said brown sugar from the appellant, resident of Raj -bari Road, Police Station -Katras and he further revealed that the appellant also illegally sells bhang and ganja. It is alleged that on the said information, the said raiding party along with PW 4 Naresh Prasad Singh, Deputy Superintendent of Police, Bhagmara and two independent witnesses, namely, Balram Dey and Sharad Chandra Dey raided the house of the appellant and his house was searched between 15.00 to 15.30 hours and in course of search nine packets consisting of brown sugar were recovered under the television kept on the table in the south eastern corner of his room and 300 grams of ganja wrapped in an old cloth kept in a polythene bag under palang towards western side in the said room was recovered and 300 grams of bhang kept in a polythene bag in a tin box near the western wall of the said room was also recovered and the seizure -list (Ext. 2/1) was prepared in respect thereof in presence of the independent witnesses (not examined and a copy of seizure -list was handed over to the appellant who has put his signature (Ext. 3/1) thereon in token of its acceptance. The appellant as well as co - accused Kewal Sharma have been found in possession of contraband heroin/brown sugar, ganja and bhang and they were arrested
(3.) IN course of investigation, the said recovered incriminating articles from the possession of the appellant and co -accused Kewal Sharma was sent to Forensic Science Laboratory, Patna for its chemical examination and the report in respect thereof is Ext. 1 and the recovered articles was found to be heroin and ganja as per the report aforesaid. Co -accused Kewal Sharma, who was enlarged on bail vide order dated 22.9.1993, had absconded as a result of which his trial was split up and the trial of the appellant only proceeded before the Court below.;