Criminal Appeal (SJ) No. 189 OF 1995 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Ram Jatan Rai, S/o Moti Lal Rai, Village- Lakshmisagar, Police Station-Madhubani Sadar, Dist.- Madhubani. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Gajendra Kr. Jha, Adv. For the State : Mr. Manoj Kumar-I, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 27 (a) of the Narcotic Drugs and Psychotropic Substance Act, 1985 and sentenced to RI for nine months by a judgment dated 18.08.1995 passed by the Sessions Judge, Madhubani in G.O. Case No. 186/92 (7/92). 2. The prosecution case is that on 28.08.1992 when the shop of the appellant was searched 200 Gms. of “Bhang” wrapped in a plastic cover each containing one gram and two small packets of “Ganja” were recovered. 3. The prosecution examined four witnesses out of whom P.W. 4 is tendered and P.W. 1 and P.W. 2, the informant and Constable of the Excise Department. P.W. 3 is a seizure witness and he merely identified the seizure-list. 2 4. From the evidence of P.W. 1 and P.W. 2, I find that there is no cogent material with regard to the weight of the alleged ganja recovered from the shop of the appellant nor is there any forensic report as to whether the articles seized was in fact ganja. 5. Under the circumstances, I find that the prosecution has miserably failed to prove its case beyond all reasonable doubt. In the result, the appeal is allowed and the judgment dated 18.08.1995 passed by the Sessions Judge, Madhubani in G.O. No. 186/92 (7/92) is set aside. The appellant is discharged of the liability of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 21st April, 2011. NAFR/Vikash/-