Back
2004 Supreme(Pat) 155
PATNA HIGH COURT
Chandramauli Kumar Prasad and Rekha Kumari JJ.
Shankar Yadav
Versus
State Of Bihar
Criminal Appeal No. 758 of 2004 ; 810 of 2004 ; 811 of 2004 ;
Decided On : FEBRUARY 6, 2004
The central legal point established in the judgment is the requirement to prove the identity of the recovered substance beyond reasonable doubt and the proper handling of evidence in drug-related cases.
Headnote:
N.D.P.S. Act - Sale and Purchase of Heroin - Sec.22 - Summary: The court acquitted the accused based on the prosecution's failure to prove beyond reasonable doubt that the recovered substance was Heroin and the mishandling of the sample. The judgment highlighted the importance of proving the substance's identity and the proper handling of evidence in drug-related cases.
Fact of the Case:
Sixteen persons were put on trial for possessing and dealing in Heroin under Sec.22 of the N.D.P.S. Act. The police raided a house and found individuals in possession of Heroin. The prosecution alleged that the accused were involved in the sale and purchase of Heroin.
Finding of the Court:
The court found that the prosecution failed to prove beyond reasonable doubt that the recovered substance was Heroin. It also noted discrepancies in the handling of the sample, leading to doubts about the identity of the substance. As a result, the court acquitted all the accused and set them at liberty.
Issues: The main issue was the prosecution's failure to prove the identity of the recovered substance as Heroin and the mishandling of the sample.
Ratio Decidendi: The court emphasized the importance of proving the identity of the substance beyond reasonable doubt and the proper handling of evidence in drug-related cases.
Final Decision: The appeals were allowed, and the judgment of conviction and sentence of the appellants, as well as Bipin Bihari Patel, was set aside. All the appellants and Bipin Bihari Patel were set at liberty forthwith.
Chandramauli Kr.Pd, J.
1. Sixteen persons including the appellants and Bipin Bihari Patel were put on trial for offence under Sec.22 of the N.D.P.S. Act. The 5th Additional Sessions Judge, Rohtas at Sasaram by judgment dated 20th of September, 2004 passed in N.D.P.S. Kargahar P.S. Case No. 80 of 1998 acquitted all the accused persons excepting accused Shankar Yadav, Bulaki Kahar, Birendra Pandey alias Bindi Pandey, Mutur Mian and Bipin Bihari Patel and sentenced appellants Birendra Pandey alias Bindi Pandey and Shankar Yadav to suffer rigorous imprisonment for a period of 20 years and fine of Rs. 2 lacs each and in default thereof to undergo simple imprisonment for a period of two years. So far as appellants Bulaki Kahar, Mutur Mian and accused Bipin Bihari Patel are concerned, they have been sentenced to undergo rigorous imprisonment for a period of ten years and fine of Rs. 1 lac each, in default of payment of fine to undergo simple imprisonment for a period of one year.
2. Shankar Yadav, Bulaki Kahar, Birendra Pandey alias Bindi Pandey and Mutur Mian aggrieved by their conviction and sentence had filed separate appeals, which have been registered as Criminal Appeal No. 758 of 2004, Criminal Appeal No. 810 of 2004, Criminal Appeal No. 811 of 2004 and Criminal Appeal No. 93 of 2005. However convict Bipin Bihari Patel has not preferred any appeal.
3. All the appeals were heard together and are being disposed of by this common judgment. We have also examined the validity of conviction and sentence of Bipin Bihari Patel.
4. According to the first information report, on a confidential information that appellant Shankar Yadav is involved in sale and purchase of Heroin and in that Vindhayachal Kamkar (since acquitted) and appellant Birendra Pandey alias Bindi Pandey are partners and about 15 to 20 persons had collected at the house of Shankar Yadav, the Officer-lncharge of the Police Station alongwith the raiding party raided the premises of Shankar Yadav and found twelve persons sitting in a room to the east of the house. According to the first information report, seeing the police party three persons fled away, but appellant Birendra Pandey alias Bindi Pandey was apprehended and from him Heroin kept in a packet was recovered. On enquiry, Birendra Pandey alias Bindi Pandey disclosed the names of the accused persons, who had fled away i.e., appellants Shankar Yadav, Bulaki Kahar and Vindhyachal Kamkar (since acquitted). Search was made of the persons apprehended and from them 36 packets of Herion total weighing 5 grams, which included three packets of Heroin from T shirt of appellant Mutur Main was recovered. The weight of the Heroin recovered from appellant Birendra Pandey alias Bindi Pandey was 25 grams. According to the first information report, a seizure list was prepared in presence of the two independent witnesses, which was signed by the accused persons apprehended at the spot. According to the prosecution, one of the members of the raiding party was an Executive Magistrate and in his presence a sample of two grams of Heroin was taken out for chemical examination.
5. On the basis of the aforesaid information, Kargahar PS. case No. 80 of 1998 was registered under Sections 17, 18, 22 and 27 of the N.D.P.S. Act.
6. On examination the sample taken was found to be contained Heroin. Hence, the police after investigation submitted charge sheet and ultimately appellants besides others were put on trial for possessing and dealing in Heroin punishable under Sec.22 of the N.D.P.S. Act.
7. Appellants as also convict Bipin Bihari Patel pleaded not guilty and contended that they have been falsely implicated in the case, but no defence witness has been examined.
8. Prosecution in support of its case had altogether examined eight witnesses. Out of whom, RW. 1 Dhananjay Sharma (an Assistant Sub-Inspector of Police), RW. 4 Ram Prit Yadav (Hawaldar), RW. 5 Bimal Singh (Constable), RW. 7 Vinay Kr. Singh (Sub-Inspector of Police) and RW.
