RAMESH CHANDRA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two criminal appeals (Cr. Appeal (S.J.) No.762 of 2009 and Cr. Appeal (S.J.) No.830 of 2009) have heard together and disposed off by the common judgment in view of the fact that both the criminal appeals arise out of common judgment and order, dated 05th September, 2009, passed by Mr. Ramesh Kumar Rateria, Session's Judge, Katihar, in G.R. Case No. 29 of 2006 (arising out of Kishanganj) Rail P.S. Case No. 8 of 2006.

(2.) Ram Chandra Thakur is appellant in Cr. Appeal (S.J.) No. 762 of 2009 and Ram Prasad Khandwal @ Khandewal is appellant in Cr. Appeal (S.J.) No. 830 of 2009. Both the appellants have been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and have been sentenced to undergo rigorous imprisonment for ten years each and fine of rupees one lac each and in default of payment of fine further sentenced to undergo rigorous imprisonment for one year each.

(3.) Prosecution case, as per the written report of the informant, Havildar, Jabbar Khan, is that he along with companions, namely, Nayak Subedar Sainath, A.K. Parjapati, N. Shajik and N.K. Kaladharan, was checking a train, North East, in military bogie, in pursuance of authority no. Head Quarter 33 Corps by letter no. 172506/A1 by which he was deputed for checking the illegally trafficking of drugs in the train. About 07.30 in the evening while the checking was going on the train reached Kishanganj Railway Station then in a military compartment two persons sitting on a black iron box got up from the box and tried to walk away, the informant and his party apprehended both of them and asked about the ownership of the box and what is inside the box. Both the persons at first instance denied the ownership of the box and the same time a V.I.P. attach case also found beside the said box out of which the smell of ganja was coming out and when the enquiry was made with regard to the V.I.P. attach case both of them did not give any answer and, on enquiry, disclosed their name as R.P. Khandewal, an ex-military man, and as Ram Chandra Thakur, son of late Pallu Prasad Thakur, resident of N.G.P. Ward No. 34, P.S. Bhaktinagar, district Jalpaiguri, West Bengal. On asking to open the box, first, both of them denied, but, subsequently on enquiry Ram Chandra Thakur opened the box by the key and then it was found that the box was filled with ganja and he also opened the V.I.P. attach case and that was also filled with ganja. The informant, therefore, immediately informed the senior officer, Colonel A. Basahav and a direction was received to produce both the persons along with the ganja to the G.R.P. Police Station and the accused persons, along with ganja, iron box and V.I.P. attach case, were produced before Katihar Rail Police Station. The said ganja was weighed which was about 37 Kg. On the basis of written report by the informant the first information report was drawn by the Rail Police, Kishanganj, as the fardbeyan was forwarded to Officer-in-Charge, G.R.P. Kishanganj, and after the institution of the first information report the investigation proceeded and after investigation the charge sheet was submitted against both the accused persons, Ram Chandra Thakur and Ram Prasad Khandewal for alleged possession of sixteen packets of ganja, in all, 37 Kg. After submission of the charge sheet offence was taken by order, dated 08.05.2006, and consequently the charge was framed under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for alleged recovery and possession of 33 Kg of ganja from the iron box (trunk) and 4 Kg of ganja in a V.I.P. attach case. The charges were read over and explained to the accused persons in Hindi to which they pleaded themselves not guilty and claimed to be tried.