MANTU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Siya Ram Shahi, learned Counsel for the appellant and Mr. Sandeep Kumar, learned Counsel for the Central Government.

(2.) The sole appellant, Mantu Kumar, has challenged the judgment and order of his conviction and sentence dated 7th December, 2006 and 8th December, 2006 respectively whereby he was held guilty and convicted for the offence under Section 23 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as NDPS Act) and sentenced to undergo rigorous imprisonment for 12 years and he was also imposed a fine of Rs. 1,50,000/- and in default of payment of fine he was further directed to undergo rigorous imprisonment for three years.

(3.) The prosecution story as per the prosecution report is that on secret information from coded informer regarding movement of Ganja by a truck bearing registration No. URN 4545 a preventive team was formed under the leadership of one Shi U.S. Sharma, Superintendent of Custom (not examined) and rushed towards Chhawni Chowk, Bettiah at about two hours (2 A.M.) on 10.9.2002. After arrival the preventive team ambushed themselves and at about 9.30 hours one truck was seen coming as per specification provided by the informer. On signal given by the preventive party, the truck stopped and during course of checking of the truck several persons gathered there and keeping in view the said fact one person from the truck jumped and fled away. However, despite best efforts he could not be apprehended. However, the truck driver was captured and he disclosed his name as Mantu Kumar, who is appellant in the present appeal. On search of the truck after following the procedures prescribed in the NDPS Act Ganja was noticed concealed in false chamber of hood of the truck. On weighment it was found that total weight of recovered Ganja was 190 Kgs. and was assessed to rupees nine lakh. After completing formalities and in presence of independent witnesses Panchnama (Ext.3) and seizure memo (Ext.1) was prepared. In presence of two independent witnesses the truck in question bearing URN 4545 too was seized and it was valued and assessed to rupees four lakhs. On demand, the appellant could not produced any documentary evidence for its legal possession. After apprehension, voluntary statement of the appellant (Ext.8) was also got recorded. In voluntary statement the appellant stated that ganja was loaded at Pireri village under Narkatiaganj police station by one Awadhesh Kishore Prasad (not sent up for trial) and Lal Babu Prasad (not sent up for trial). It is the case of the prosecution that after the truck with Ganja was recovered at Chhawni Chowk, Bettiah, the truck with Ganja along with driver, who is appellant, was carried to the office of the customs department where weighment of seized Ganja was properly done in which it was found that weight of seized Ganja was 190 Kilograms. Recovered Ganja was found kept in different bags and said bags were weighed separately and total weight of Ganja came to 190 kilograms. Subsequently, after being satisfied that the appellant had prima facie committed offence under the NDPS Act, at about 18 hours i.e. 6 P.M. on 11.9.2002 he was formally arrested by preparing arrest memo (Ext.5) and he was forward to the concerned court on 12.9.2002. In respect of seized Ganja after sampling the same was sent for its chemical examination to the Government Opium and Alkaloid Works, Ghazipur(U.P.). The address furnished by the appellant in his voluntary statement was found false during verification as per the report submitted by the Superintendent of Customs (Preventive) Circle, Gopalganj. In the prosecution report it was asserted that provision contained in Section 40, 42 and 50 of the NDPS Act was fully complied with before search, seizure and arrest of the accused.