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IN THE HIGH COURT OF JUDICATURE AT PATNA
GOPAL PRASAD, J.
Umesh Manjhi
Munshi Rai - Appellant
Versus
The Union of India - Respondents (In both the Appeals)
Criminal Appeal (SJ) No. 610, 555 of 2012
Decided on : 11- 07- 2014
Narcotic Drugs and Psychotropic Substances Act - Conviction under Section 20(b)(ii)C - Sections 20, 23, and 25 of the Narcotic Drugs and Psychotropic Substances Act - Summary of Acts and Sections: The court discussed the provisions of Sections 20, 23, and 25 of the Narcotic Drugs and Psychotropic Substances Act, focusing on the requirements for proving possession of narcotics and the procedures for seizure and weighing of the seized substances.
Fact of the Case:
The appellants were convicted under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act for possession of Ganja. The case involved the seizure of Ganja from the appellants and subsequent legal proceedings.
Finding of the Court:
The court found that the prosecution failed to prove the possession of Ganja in commercial quantity as required under Section 20(b)(ii)C. However, the court substituted the conviction under Section 20(b)(ii)C with a conviction under Section 20(b)(ii)B and sentenced the appellants for the period already undergone.
Issues: The main issue was whether the prosecution had proved the possession of Ganja in commercial quantity as required under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act.
Ratio Decidendi: The court held that the prosecution failed to establish the possession of Ganja in commercial quantity as required under Section 20(b)(ii)C. However, the court found that the appellants could be convicted under Section 20(b)(ii)B based on the evidence presented.
Final Decision: The conviction under Section 20(b)(ii)C was set aside and substituted by a conviction under Section 20(b)(ii)B. The appellants were sentenced for the period already undergone, and one appellant was directed to be released from jail custody.
Gopal Prasad, J.
Heard learned counsel for the appellants and learned counsel for the Union of India.
2. These two appeals have been heard together and disposed of by the common order as both arise out of the common judgment passed by Sri Shambhu Nath Tiwari, learned 6th Additional Sessions Judge, Muzaffarpur in Trial No. 06 of 2011 arising out of Custom Case No. 05 of 2003-04 by which the appellants have been convicted under Sections 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act and to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- (one lack) and in default of payment of fine the defaulting convicts have further to undergo rigorous imprisonment for two years with further direction that the period already undergone as under trial prisoner will be set off as per law. 3. The case proceeded on the complaint of one Sri Basant Kumar Singh, Inspector, Customs Division, Muzaffarpur.
4. The prosecution case as alleged in the complaint is that on secret information about a trafficking of Ganja a team was constituted and rushed to Taraiya Nahar (Canal) on 10.04.2003. On 11.04.2003 at about 0455 hours, as sound of motorcycle was heard followed with an appearance of a motorcycle on the spot and a call was given to stop the motorcycle. The person driving the motorcycle stopped and tried to turn motorcycle backwards but having found that they were surrounded by the raiding party the two persons on motorcycle, i.e., the driver and the pillion rider tried to flee away. However, both were caught after chase. The pillion rider was caught on chase of about 10 meters and the person driving the motorcycle was caught on chase of 200 meters. The motorcycle was found to be Rajdoot bearing Reg. No. BR04A/7753. The goods loaded on motorcycle appeared to be Ganja and it was disclosed by the accused persons who were apprehended that they were taking Ganja on motorcycle from village Bishambhara, P.S. – Harsiddhi, Distt. East Champaran to village Laganpura of P.S. Bheldi.
5. However, having regard to the fact that the place where the motorcycle was apprehended was a remote area and taking also into consideration the sensitivity of offence, both the apprehended persons and the goods were brought to the Customs Divisional Officer, Muzaffarpur and in presence of two independent witnesses the Ganja recovered was weighed and found to be 50 Kgs and thereafter seizure list prepared and out of the said seized Ganja three representative samples of the Ganja of 50 Grams each were also drawn in presence of Panchas. The statement of Munshi Rai and Umesh Manjhi were also recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act. They confessed that the Ganja belonged to one Shri Gangdayal Rai, Son of Sri Hira Rai, P.S. Bheldi who was the owner and the financier of the Ganja and the said motorcycle belonged to Sri Bharat Rai, Son of Sri Gangdayla Rai. Munshi Rai further stated that owner of Ganja, Shri Gangdayal Rai used to purchase Ganja from Nepal and used to get it transported into India through labourers upto village Bishambhra and from there he used to get it transported to village Laganpura by motorcycle through these accused. So both the persons found in possession of the said Ganja seized and prosecution launched on the complaint dated 25.05.2003.
6. The complaint was filed before the C.J.M. which was sent to the Court of Sessions and the cognizance has been taken for the offence under Sections 20, 23 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. However, subsequently Gangdayal Rai was arrested but Bharat Rai remained absconding and after exhausting process under Sections 82 and 83 of the Cr.P.C., the case of Bharat Rai was separated by order dated 07.12.2007 and the case proceeded against three accused persons, Munshi Rai, Umesh Manjhi and Gangdayal Rai. Subsequently, Gangdayal Rai died and his case abated.
7. However, the case proceeded like a w
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