The court found inherent defects in the record and decided to hear the appeal on its merit rather than keeping the matter pending. The appellant was found guilty under section 20(b)(ii)B of the N.D.P.S. Act and sentenced to undergo R.I. for six years and pay a fine of Rs.50,000. The court also directed the period undergone during the trial to be set off in accordance with Section 428 Cr.P.C.

JUDGMENT :

1. For the purpose of consideration of prayer for bail when the record has been gone through, it has been found that on account of inherent defect persisting on the record it looks appropriate to hear the appeal on its merit than to keep the matter pending furthermore. Accordingly, heard learned counsel for the appellant as well as learned A.P.P.

2. Appellant Umesh Sah has been found guilty for an offence punishable under section 20(b)(ii)B of the N.D.P.S.Act and sentenced to undergo R.I. for six years as well as to pay fine appertaining to Rs.50,000/-and in default thereof, to undergo imprisonment for one and half years with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 Cr.P.C. by the Sessions Judge cum Special Judge, N.D.P.S.Act, West Champaran at Bettiah vide judgment of conviction dated 3.4.2019 and order of sentence dated 5.4.2019 relating to Trial No. 07/2009 arising out of Sugauli Rail P.S.Case No. 97/2008.

3. Shivpujan Ram, O/C of Rail Police, Bettiah recorded his self statement on 17.12.2008 at about 10.15 A.M. disclosing therein that during course of patrolling while he alongwith other police personnel was on Platform No.1, got confidential information with regard to presence of two persons having an attache full of Ganja. Accordingly, they proceeded towards the destination but the aforesaid two persons, seeing the police coming towards them, ran alongwith attache. One person managed to succeed in fleeing away while the other, who was carrying the attache, was apprehended, who on interrogation disclosed his identity as Umesh Sah (appellant). Furthermore, on query he disclosed that the person who absconded is named as Munna Sah who has taken away the key and so, he is unable to open the attache. Then, thereafter, in presence of two witnesses, namely, Mahesh Sah and Subhan Mian, lock of attache was broken and opened. Ganja was found inside which on weighing happen to be 16 Kgs. (7+7+2) for which Umesh Sah has further disclosed that he has got no paper to justify the possession.

4. The aforesaid self statement led registration of Sugauli Rail P.S.Case No. 97/2008 followed with investigation as well as submission of charge sheet keeping the investigation pending against co-accused Munna Sah, facilitating the trial, meeting with ultimate result, subject matter of instant appeal.

5. Defence case, as is evident from the mode of cross-examination as well as statement recorded under section 313 Cr.P.C. is that of complete denial.

6. Altogether five witnesses have been examined on behalf of the prosecution in order to substantiate its case and those are P.W.1 Mahesh Sah, P.W. 2 Subhan Mian, P.W.3 Shivpujan Ram, P.W.4 Suresh Prasad Singh and P.W.5 Banke Prasad. Side by side has also exhibited Ext.1 signature of the seizure list witness, Ext.2 seizure list, Ext.3 self statement of the informant, Ext.4 formal F.I.R., Ext.5 inculpatory extra-judicial confessional statement of Umesh Sah and Ext.6 F.S.L. report.

7. From the nature of the evidence having adduced on behalf of the prosecution, it is evident that P.W.1 and P.W.2 are seizure list witnesses. Out of them P.W.2 has turned hostile while P.W.1 corroborated the same. P.W.3 is the informant. During the course of evidence, as is evident, he has corroborated his earlier statement, that means to say, during course of patrolling alongwith other police personnel at Platform No.1 got confidential information regarding presence of two persons alongwith an attache carrying Ganja, whereupon they proceeded towards them, who, seeing them, escaped carrying an attache. One person succeeded in his escape while other was apprehended alongwith the attache. On demand, the person who was apprehended, denied to have key in his possession, whereupon in presence of P.W.1 and P.W.2 lock was broken and on search Ganja was found weighing 16 Kgs. (2 packets 7 Kgs. each and 1 packet 2 Kgs.). Accordingly, seizure list was prepare