AKLOO MIYA @ AKLOO MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant, Akloo Miya @ Akloo Mian, was put on trial in Trial No. 23 of 2006, before the Additional Sessions Judge, 3rd Court, Bettiah (West Champaran) on charges under sections 20 (c) and 22 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act for short) and vide judgment dated 11.11.2009, was held guilty of committing the two offences and was, accordingly, convicted. After hearing the appellant of sentence on 12.11.2009, the learned Trial Judge directed the appellant to undergo rigorous imprisonment for 15 years on each of the above, counts as also to pay fine of Rs. One lac under either of the sections of the N.D.P.S. Act and in default to pay the fine, was directed to suffer rigorous imprisonment for three years. The sentences were directed to run concurrently.

(2.) The appellant appeals against the above order of conviction and sentence, passed against him.

(3.) The prosecution case is contained in the self-statement of S.I., Binay Kumar, the then Officer Incharge, Chanpatia Police Station (RW. 4), who stated that he got some secret information that a person was about to leave Chanpatia Railway Station Chowk with some narcotic substance, who had traveled by train from outside. RW. 4, entered the above secret information into the station diary and informed his superior Officer, i.e., SDPO, Sadar and as per his direction left the Police Station along with the Circle Inspector of Police, namely, Shyam Kishore Prasad (RW. 11); S.I. Jaglal Ram (RW. 10); ASI Amarendra Bahadur Singh (RW. 9); Vishwanath Ram (RW. 8); Constable, Prem Chandra Paswan (RW. 6); Bhagrasan Sah (RW. 7) and Home Guard No. 5757, Sugriv Pandey, the Driver of the Police Jeep for verifying the above information at Railway Station Chowk, Chanpatia.