TEK BAHADUR KAMI Vs. STATE

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order dated 31.10.2006 passed by Sri Daya Ram-IV the then Addl. Sessions Judge/ Fast Track Court No.1 Siddharth Nagar in Special Sessions Trial No.14 of 2006 Union of India vs. Tek Bahadur Kami, under Section 8/20/23 of the NDPS Act P.S. Custom Barhni District Siddharth Nagar whereby the accused appellant has been convicted and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac under Section 20(b)(ii)(c) and Section 23 of the NDPS Act on each count. It was also directed that in default of payment of fine the accused appellant shall further undergo six months additional rigorous imprisonment on each count. The substantive sentences of imprisonment were directed by the trial court to run concurrently.

(2.) The prosecution case, in nutshell, is this that on 3.12.2005 on the basis of information received from the Mukhbir the custom officer's team took search of accused Tek Bahadur Kami at Qasba Barhni No Mens Land P.S. Land Customs Station Barhni, District Siddharth Nagar in the presence of independent witnesses Dinesh Kumar and Ganesh Kumar Verma. On being searched no contraband was recovered from the person of the accused. However when the said bag which he was carrying was searched, some old and used ladies garments, inner wears, a bottle of Ayurvedic Churna and Nepali citizenship certificate and from 10 packets 7 kg 70 gm Nepali charas valued at Rs.2,07,600/- was recovered. In addition to Nepali charas the said articles were recovered from the upper part of the air bag and when the old black bag was lifted it appeared heavyweight. After cutting the bag from the Blade the Customs Officials recovered 7 kg 7o gms Nepali Charas from the bag. After taking some contraband from each packets a mixture of 150 gm was prepared and the same was divided into three parts and these three parts were separately sealed as samples.

(3.) The sample was sent to Forensic Science Laboratory for analysis where 7.6% charas was found in the sample. Accused Tek Bahadur Kami confessed that the said Nepali charas belonged to an Indian who promised to meet him at Roadways Barhni Bus Stand at 18.00 Hrs. and had also assured him to give Rs.500/- for carrying the bag from Krishna Nagar (Nepal) to Barhni Bus Stand.