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MANDHATA SINGH
State Through Intelligence Officer, Narcotics Control Bureau, Varanasi – Appellant
Versus
Gyani Prasad – Respondent
Mandhata Singh, J. – This government appeal is preferred against the judgment and order dated 4th March, 2002 passed in N.C.B. Case No.6 of 1998 by Sri Dharnidhar Jha, Sessions Judge, Rohtas at Sasaram by which learned Sessions Judge has acquitted the respondents from the charge under Section 20(b) (i) read with Section 8 (C) of the Narcotic Drugs and Psychotropic Substances Act.
2. Prosecution case initiated on fard-bayan of one Manohar Singh Baba, Intelligence Officer, Narcotic Control Bureau, Varanasi, in brief, is that he (informant) received an information about selling of ‘Ganja’ by one Raju Prasad Sah (respondent no.2) and also concealing its huge quantity. He reported the matter to his higher officials and obtained an order regarding conducting of raid. Accordingly, he along with Binay Maharaj, Karnail Singh, Rama Raman Tripathi, K.P. Ojha and S. K. Tiwary came to Nasariganj on 9.12.1998 at about 9.00 A.M., here he met two persons namely Babudhan Prasad and Lal Babu Ram. Informant disclosed their identities and informed them about the information received by him and requested them to remain present at the time of search, which was accepted by the both. Informant along with o
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