Criminal Appeal (DB) No. 43 of 2012. Case: Dhiraj Kumar Vs State of Bihar. Patna High Court

Case Number:Criminal Appeal (DB) No. 43 of 2012
Party Name:Dhiraj Kumar Vs State of Bihar
Counsel:For Appellant: Dhananjay Kumar, Neeraj Raj and Sunil Prasad, Advs. and For Respondents: A.K. Sinha, APP
Judges:Samarendra Pratap Singh and Ahsanuddin Amanullah, JJ.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Section 313; Narcotic Drugs And Psychotropic Substances Act, 1985 - Sections 20, 20(b)(ii)(c), 22, 23, 27A, 29, 42, 55
Citation:2016 CriLJ 4087
Judgement Date:June 08, 2016
Court:Patna High Court
 
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Judgment:

Samarendra Pratap Singh, J.

  1. The instant appeal has been filed by the accused-appellant, Dhiraj Kumar, against judgment of conviction, dated 14-12-2011, under Sections 20(b)(ii)(c) and 22-C of Narcotic Drugs and Psychotropic Substances Act, 1985, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Bettiah, in Sessions Trial No. 37 of 2011, arising out of Baltha P.S. case No. 05 of 2011. Following his conviction, the accused-appellant, Dhiraj Kumar, has been sentenced, by order, dated 19-12-2011, to suffer imprisonment for 12 years and pay a fine of Rs. 1,00,000/- (One Lakh), for his conviction under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and has been further sentenced to suffer imprisonment for 12 years and pay a fine of Rs. 1,00,000/- (One Lakh), for his conviction under Section 22-C of Narcotic Drugs and Psychotropic Substances Act, 1985, and, in default, to pay the fine, suffer rigorous imprisonment for two years. However, both the sentences have been ordered to run concurrently. The prosecution case as made out in the written report of Md. Akhtar, addressed to S.H.O. Balthar (Sikta) police station, on 21-01-2011, in short is as follows:--

    The informant, a S.S.B. Personnel stated that at about 3.05 p.m., he was informed by the villagers that two persons on a motorcycle are carrying charas. On receipt of the information, he along with the other officials proceeded to village Lian Parsa. As soon as they reached the village, they saw accused persons fleeing on two motorcycles. In course of fleeing, one motorcyclist collided against a minor girl and fell and was apprehended. However, the other accused person succeeded in fleeing on his motorcycle. On query, the apprehended accused disclosed his name as Dhiraj Kumar. On search, 16 Kg of charas was recovered from the dickey of the motorcycle. The accused and the seized charas were handed over to local police station.

  2. On the basis of the written report of the informant, namely, Md. Akhtar, SSB Personnel, Balthar P.S. Case No. 05 of 2011 was registered under Sections 20, 22, 23, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

  3. On completion of investigation, charge-sheet was submitted, where after cognizance of offence was taken and the case was committed to the Court of Session for trial.

  4. The prosecution in support of its case examined five witnesses, namely, P.W. 1 Md. Akhtar is the informant...

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