Criminal Appeal (SJ) Nos. 459 and 575 of 2010. Case: Surendra Pandey and Ors. Vs The State of Bihar. High Court of Patna (India)
| Case Number | Criminal Appeal (SJ) Nos. 459 and 575 of 2010 |
| Counsel | For Appellant: Jitendra Kumar Ray, Niki Singh and Sumit Kumar, Advocates and For Respondents: S.C. Mishra, APP |
| Judges | V. N. Sinha and Jitendra Mohan Sharma, JJ. |
| Issue | Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20(b), 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 8(c) |
| Judgement Date | September 02, 2015 |
| Court | High Court of Patna (India) |
Judgment:
V. N. Sinha, J.
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Both these appeals arise out of judgment and order dated 19/26.03.2010 passed by Additional Sessions Judge-I, Bhojpur at Ara in N.D.P.S. Case No. 5 of 2006 whereunder the two accused appellants in these appeals have been convicted for the offence under Section 20(b) of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the Act) and sentenced to suffer rigorous imprisonment for ten years with further direction to pay fine of Rs. 1,00,000/- and in default of payment of fine to undergo rigorous imprisonment for two years.
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Prosecution case as set out in the self statement of Officer-in-Charge, S.I. Ram Naresh Prasad Singh of Ara Nawada Police Station on 14.04.2006 at 17:20 hours in Mohalla Sankatmochan Nagar is that on the same day he along with Mithlesh Kumar Jha S.I. of Ara Nawada Police Station and reserve police force of the said police station had proceeded at 15.45 hours on patrolling duty for maintaining law and order in Ramna Maidan area and while he was near Ramna Maidan received information on his mobile around 16:00 hours that in the house of Rajendra Prasad situate in Mohalla Sankatmochan Nagar contraband Ganaj in large quantity has been brought and concealed and is likely to be shifted to some other place. Having received such information, informant along with S.I., A.S.I. of Ara Nawada Police Station and other members of patrolling party reached the house of Rajendra Prasad in Mohalla Sankatmochan Nagar around 16.10 hours. After reaching the house of Rajendra Prasad, entrance door was found closed from inside, residents of the house were called, one person opened the door and told the informant that he is Rajendra Prasad and it is his house. Informant, thereafter, informed Rajendra Prasad about the information received that contraband Ganja is kept in his house and the house is to be searched. Rajendra Prasad was also informed that if he desired, search operation in his house may be conducted in presence of a gazetted officer. Rajendra Prasad expressed his willingness to get his house searched in presence of a gazetted officer, whereafter, informant informed Sub-divisional Magistrate, Ara Sadar who promptly came to the house of Rajendra Prasad at 16:30 hours and in his leadership, following the search rules, the house of Rajendra Prasad was searched. One person was inside the room on the first floor attempted to run away by jumping from the first floor, he was chased and...
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