MD HAFIZ Vs. UNION OF INIDA

JUDGEMENT

(1.) These appeals have been preferred by the appellants against the common judgment of conviction and order of sentence dated 16th and 20th November, 2009 passed in N. D.P.S. Case No. 14 of 2006 by the learned Ist Additional Sessions Judge cum- Special Judge, N. D. P. S. Act, 1986, Begusarai whereby the appellants have been convicted under Sections 20 (b) (ii) (c) of the Narcotic Drugs Psychotropic Substance Act (hereinafter referred to as the Act) and they have been sentenced to undergo rigorous imprisonment for 11 (eleven) years and fine of Rs. 1,00,000/- each and in default of payment of fine both the appellants have been sentenced to undergo rigorous imprisonment for further two years.

(2.) Prosecution case, as lodged on the written report of Mr. G. N. P. Sinha, Inspector the informant is that on 15.11.2006 a telephonic information having been received that Ganja is coming from the Muzaffarpur side in a Fiat Car bearing registration No. BHP 375 and hence a preventive party under the supervision of Smt. K. K. Sinha, Superintendent, Custom was constituted and Several Cars, Jeeps and Trucks were checked and about 10 hours on 15.11.206 the said Fiat Car arrived there which was signaled to stop but the driver of the said car ignored the signal and thereafter, on hot chase the said car was apprehended. Two persons were found in the said car. For safety reasons the said car was brought to the custom office Barauni along with the two persons. In presence of two independent witnesses the car was thoroughly checked and found some packets were secreted under the back seat of the car. Altogether 13 packets were recovered weighing altogether 38 kg Gnaja. The seizure list was prepared and the prosecution report was filed. On the basis of prosecution report cognizance was taken on 21.12.2006 against the appellants and charge was framed against them on 15.6.2007.

(3.) However, during trial five witnesses were examined. They are Kamla Kumari Sinha, Superintendent (PW !), Narendra Sharma, Havildar (PW 2), Kishun Paswan Havildar, (PW 3), Girish Nandan Prasad Sinha, Inspector (PW 4) and Havildar Umesh Sahni (PW 5).