Patna High Court
Lalan Singh vs The State Of Bihar on 28 July, 2026
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3046 of 2018
Arising Out of PS. Case No.-28 Year-2014 Thana- BHANGHA District- West Champaran
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Lalan Singh son of Late Indar Singh resident of village - Dhadwa, P.S.-
Lauriya, District - West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Umesh Chandra Verma, Advocate
For the Respondent/s : Mr. Binod Bihari Singh, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 28-07-2026
Heard learned counsel for the appellant and learned
A.P.P. for the State.
2. This appeal has been filed against the judgment of
conviction and sentence dated 19.07.2018 passed by the learned
District & Sessions Judge-cum-Special Judge, NDPS Act, West
Champaran, Bettiah in Trial No. 49 of 2014/CIS - 517 of 2014,
arising out of Bhangaha P.S. Case No. 28 of 2014, whereby and
whereunder the appellant has been convicted for offence under
Section 20(b)(ii)B of the NDPS Act and sentenced to undergo
rigorous imprisonment for a term of one year & six months along
with fine of Rs. 15,000/- (Fifteen thousand) was imposed and in
default of payment of fine, appellant was directed to further
undergo imprisonment for three months.
Patna High Court CR. APP (SJ) No.3046 of 2018 dt.28-07-2026
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3. The case of prosecution, in brief, is that on
03.09.2014
when the informant was on patrolling duty along with
other constables, in the meantime, an information was received
from B.O.P. Commander that one person is coming in India from
Nepal having illegal Ganja. On this information, the informant
along with others proceeded towards the specified place. At about
9:40 AM, the informant saw that one person is coming on bicycle
and when that person came near pillar no.-421 in Indian Border,
then the informant and other police personnel encircled him and
made query. It is further stated that, below the seat of the cycle
something was tied in a Gamchha. On interrogation, the person
disclosed his name, as Lalan Singh, and he told that the tied thing
is Ganja and he is bringing the same from Nepal. Then the
informant seized the illegal Ganja which was one and half kg. in
weight.
4. Thereafter, F.I.R. i.e. Bhangaha P.S. Case No. 28 of
2014 was registered for the offence punishable under Sections 20,
22, 23, 24, 27A and 29 of the N.D.P.S. Act and after completion of
the investigating, charge-sheet was submitted and accordingly, the
learned Special Judge, NDPS took cognizance and committed the
case to the Court of Sessions.
Patna High Court CR. APP (SJ) No.3046 of 2018 dt.28-07-2026
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5. In this case, on behalf of prosecution, four witnesses
were examined, who are:
P.W.-1 Aditya Tiwari (informant)
P.W.-2 Shamsher Singh
P.W.-3 Sunil Dutt
P.W.-4 Umesh Prasad (I.O.)
And, thereafter, following documents were exhibited:
Exhibit 1 Proforma of seizure
Exhibit 2 Proforma of apprehension
Exhibit 3 Written petition of Informant
Exhibit 4 to 4/B Signature of witnesses on seizure list
Exhibit 5 Formal F.I.R.
Exhibit 6 Confessional statement of accused/
petitioner
Exhibit 7 F.S.L. Report.
6. During trial, P.W.1 (Aditya Tiwari), who is informant
of this case, has supported the prosecution case in his examination-
in-chief. P.W.2 (Shamsher Singh) and P.W.3 (Sunil Dutt), both
S.S.B. Constable and members of the raiding party, have supported
the prosecution case. P.W. (Umesh Prasad), who is investigating
officer of the case, has corroborated the prosecution case and their
investigations and also filed chargesheet. His evidence also could
not be controverted by the defence.
7. On going through the evidence of prosecution
witnesses, this Court finds that they are completely trustworthy
and there is no reason to disbelieve their evidence. In view of
such, the conviction of the appellant is upheld.
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8. However, keeping in view the fact that the incident is
of the year 2014 and appellant is more than 72 years of age and
there is no complaint against this appellant after institution of the
present F.I.R., I feel that end of justice would be met if the
sentence is reduced to the period already undergone. The
maximum sentence is of one & half years. From perusal of case
records, it appears that appellant has already remained in custody
for more than four months.
9. Accordingly, the impugned judgment of conviction is
upheld and the order of sentence dated 19.07.2018 passed by the
learned District & Sessions Judge-cum-Special Judge, NDPS Act,
West Champaran, Bettiah in Trial No. 49 of 2014/CIS – 517 of
2014, arising out of Bhangaha P.S. Case No. 28 of 2014, is
modified and reduced to the period, already undergone by the
appellant. Since, sentence is modified, the fine of Rs. 15,000/-,
which was imposed upon the appellant by the learned trial Court,
is also waived.
10. Accordingly, the appeal stands disposed of.
(Prabhat Kumar Singh, J.)
Anay
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 03.08.2026
Transmission Date 03.08.2026
