IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.521 of 2012 Arising Out of PS. Case No.-198 Year-2010 Thana- JAKKANPUR District- Patna ======================================================

Rishi Kumar, S/o Arbind Ray, R/o Village - Rampur, P.S. Raghopur, Distt. -

Vaishali ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant : Mr. Dhirendra Kumar Sinha, Advocate Mr. Yashpal Yadav, Advocate Ms. Soni Kumari, Advocate Mr. Amrit Lal, Advocate Ms. Vaishnavi Kashyap, Advocate For the Respondent : Mr. Abhay Kumar, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA C.A.V. JUDGMENT Date : 25-02-2026

1. Heard learned counsel for the appellant as well as learned A.P.P. for the State.

2. The present criminal appeal has been preferred against the judgment of conviction dated 12.06.2012 and order of sentence dated 14.06.2012 passed by learned Additional Sessions Judge XI, Patna (hereinafter referred to as ‘Trial Court’) in Special Case No. 28 of 2010 arising out of Jakkanpur P.S. Case No.198 of 2010, wherein the learned Trial Court convicted the appellant herein under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’) and sentenced him to undergo R.I. for five years and to pay fine of Rs.25,000/-, and in default thereof to undergo further imprisonment for one year. The period of detention already undergone was directed to be set off.

3. The prosecution case, in brief, is that on

18.08.2010 at about 10:30-11:00 PM, the informant P.S.I Amlesh Kumar (P.W.-1) along with hawaldar Shaukat Ali Khan (P.W.-2) and constable Manoranjan Kumar (P.W.-5), while on patrolling duty near the eastern portion of Bhikhari Thakur Pool in front of Lucky Medical Hall under Jakkanpur Police Station, noticed two persons coming from the northern side. On seeing the police party, both persons attempted to flee, however, one of them, who was carrying a plastic jhola(bag), was apprehended at the spot and disclosed his name as Rishi Kumar (appellant). Upon search of the said jhola, in the presence of two witnesses namely, Sanny Rai (P.W.-4) and Pappu Kumar (P.W.-3), 11 kilograms and 500 grams of ganja, said to be packed bundle in orange coloured plastic tied with sutli (thread) having mark P.K. and Pappu Kumar, was recovered and seized. On the seizure List memo (Ext.-1) two witnesses and the appellant had put their signature (Ext.-1/1). Apprehended accused (appellant), seized ganja and written report (Ext.-2) were submitted by the informant to the In-charge Police Station, on the basis of which the formal F.I.R. bearing Jakkanpur P.S. Case No.198 of 2010 (Exhibit-3) dated 19.08.2010 was registered under Sections 20 and 22 of the NDPS Act and S.I. Rajesh Khalifa (P.W.-6) was made Investigating Officer to investigate the case. The sample of the seized ganja was sent to the Forensic Science Laboratory (FSL), Patna vide Requisition/Memo No.4009 dated 27.08.2010 (Ext.-4) by Registrar, Civil Court, Patna through I.O., which by report dated 29.07.2011 (Ext.-5) reported the substance to be ganja.

4. After completion of the investigation, charge-

sheet bearing C.S. No.245 of 2010 was submitted against the appellant under Sections 20 and 22 of the NDPS Act. Further, learned Sessions Judge took cognizance of the offence against the appellant vide order of cognizance dated 06.10.2010 and thereafter, the case was transferred to the learned Trial Court for disposal. Subsequently, charges were framed, vide order dated 03.01.2011, against the appellant under Sections 8 (c) and 20 (b) (ii) (B) of the NDPS Act wherein the appellant pleaded not guilty and claimed trial.

5. The prosecution has examined altogether six witnesses in this case to prove charges against the appellant, who are as under:

P.Ws. Names P.W.-1 Amlesh Kumar (Informant/Police official)

P.