Patna High Court
Sheopari Devi @ Sunri Kuar @ Malkinia @ ... vs State Of Bihar on 20 July, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
Patna High Court CR. APP (SJ) No.220 of 1997 dt.20-07-2011 1
Criminal Appeal (SJ) No.220 of 1997
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Against the judgment and order of conviction
dated 11.8.1997 and 12.08.19097 respectively
passed by the 3rd Additional Sessions Judge,
Rohtas at Sasaram in SSM(T) 161 of 1994.
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1. Sheopari Devi @ Sunri Kuar @ Malkinia @ Sonpari Devi W/o Tuntun Giri R/o
Mohalla-Naikagam, P.S.-Sasaram, District-Rohtas &
2. Mahendra Prasad Kahar @ Mahendra Kahar S/oRaghubir Kahar R/o Mohalla-
Naikagam, P.S.-Sasaram, District-Rohtas
.... .... Appellant/s
Versus
The State Of Bihar
.... .... Respondent/s
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Appearance:
For the Appellant/s : M/s Anita Sinha, P. K. Sinha, A. K. Tripathi, Advocates
For the Respondent/s: Mr. Abhimanyu Sharma, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL JUDGMENT
(Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH)
1. Appellant no.1 has been convicted under section 25 of the Narcotics
Drugs and Psychotropic Substance Act, whereas, appellant no.2 has been convicted
under section 20(B) (I) (II) of the Narcotics Drugs and Psychotropic Substance Act
and both of them sentenced to undergo rigorous imprisonment for five years by the
3rd Additional Sessions Judge, Rohtas at Sasaram in SSM (T) P.S. Case No.161 of
1994 (Narcotics Drugs and Psychotropic Substance Act).
2. The case of the prosecution according to Harinarain Prasad, the
Officer-in-charge of Sasaram Town P.S. is that when he along with Police Inspector
M.K. Paswan was on patrolling duty on the festival day of Holi they received
information that some body was selling Ganja, Bhang and Heroin in the house of
Malkiniya, appellant no.1. On this information, both of them proceeded along with
others and raided the house of Malkiniya, where they found a boy sitting with four
Patna High Court CR. APP (SJ) No.220 of 1997 dt.20-07-2011 2
kg. Ganaja, nine kg. Bhang and five grams heroin along with some cash indicating
that there had been sale of those things. The articles were seized and the boy and
appellant no.1 was arrested and remanded to judicial custody and a formal First
Information Report was drawn in this regard.
3. During trial, the prosecution examined five witnesses in support of
its case. PW 1 Harinarain Prasad is the informant, who stated that on 29.03.1994 on
the occasion of Holi he received information about the sale of Ganja, Bhang and
Heroin in the house of Malkiniya. On this information, the house was searched and
appellant no.2 was found present along with some incriminating articles and
money. He then prepared the seizure list and handed over one copy to Mahendra
Prasad, who put his LTI on the same. The seizure list has been marked as Ext.1, the
written report in the writing of the informant is marked as Ext.2 and the formal First
Information Report is Ext.3. He identified the appellants in dock.
4. PW 2 and 3 are seizure list witness but they did not support the
prosecution case and, so, they have been declared hostile. However, both the
witnesses have proved their signature on the seizure list which is Ext.4 and 4/1.
P.W.4 Anugarahnarain Singh stated that he was ASI at Sasaram Town Police
Station and Investigating Officer of the present case. He deposed that the Officer-
in-charge had drawn formal First Information Report and taken into custody of the
seized articles and also sent requisition or formal test of the seized articles. He
proved the requisition which marked as Ext.5 as also the report of the FSL which is
Ext.6. PW 5 Sahajanand Sharma deposed that he was Constable in Sasaram Town
Police Station and had brought the seized articles which are material exhibits I to V.
Ext.8 is the report of the Forensic Science Laboratory which shows the presence of
Ganja and Bhang, but with regard to heroin, no trace of the same was found.
5. In view of the discussion of the evidence of the witnesses, there is
Patna High Court CR. APP (SJ) No.220 of 1997 dt.20-07-2011 3
no scope for interfering with the conviction of the appellant no.2, who was
allegedly arrested along with incriminating articles and had signed on the seizure
list in proof of the same.
6. Accordingly, the appeal of the appellant no.2 is dismissed with
modification in the sentence to the period already undergone since it appears that he
has remained in custody for about 3½ years out of the five years sentence he was
awarded.
7. With regard to the appellant no.1, I find that there is complete want
of any evidence that she had participated in sale and purchase and apart from the
bald allegation that the appellant no.2 was sitting and selling Ganja, Bhang and
Heroin in the house belonging to the appellant no.1, there is no substantive proof of
the same. In view of such, appeal of appellant no.1 is allowed and she is acquitted
of the charge under section 25 of the Narcotics Drugs and Psychotropic Substance
Act and is also discharged from the liabilities of her bail bond.
8. In the result, the appeal is allowed in part.
(Anjana Prakash,J.)
Patna High Court,
Patna.
Dated the 20th July, 2011
NAFR/ JA/-