RAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants before us, were tried by the learned Additional Sessions Judge-cum-Special Judge, Kishanganj for the charge under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act) in Special Case No. 15 of 2002 (Trial No. 11 of 2002) arising out of Kishanganj Unit Case No. 35/NDPS/2002 dated 6.8.2002.

(2.) The learned judge who passed the judgment of conviction against the two appellants on the 17th day of January, 2008 passed sentences upon them on 22.1.2008 and directed each of the appellants to suffer rigorous imprisonment for fifteen years and also to pay a fine of Rupees one lac each and in default, to suffer further simple imprisonment for six months.

(3.) The case emanated from a petition of complaint which was filed by Shri P.C. Surin, (P.W. 1), who at the relevant time was posted as Inspector, Customs (Preventive), Kishanganj stating that during routine preventive checking on 6.8.2002, the team comprising of the complainant and other persons who are cited as witnesses found a tank lorry bearing registration number WB-03-2686 standing on the road near L.R.P. Chowk, Bahadurganj, Araria. The team went near the vehicle and found three persons sitting inside the lorry and on enquiry, each of them disclosed their identification along with their respective names and address. The complainant and his companions also disclosed their identifications along with the identification of the Superintendent, Customs and wanted to know about the nature of the goods which could be loaded in the lorry. It was stated by the occupants of the vehicle that it was empty but, as per the complainant, they felt some foul play as an unusual smell was coming out of the tank lorry and as such, asked the occupants to open the cap of the chamber. It was readily complied with and the complainant and others had felt smell of ganja coming out of its chamber and that further compounded the suspicion, on which, the Preventive Officers expressed their desire to check and make a search of the lorry thoroughly and as such gave options to the three occupants as if they so desired, the checking and search may be conducted in presence of a magistrate. But, they declined and, therefore, the tank lorry was brought to the premises of Customs office, Kishanganj and was checked as such. During that search, it was revealed that a false chamber was attached to the body of the tank lorry. The same was broken and it was found that 25 packets of ganja were kept therein and those were seized and weighed. The total weight of the recovered ganja was 365 K.G. which was valued at Rs. 18,25,000. The documents relating to the vehicle, like, the registration certificate, insurance certificate and driving licence, etc. were also seized in presence of the witnesses along with the tank lorry and recovered ganja. Thereafter, the complaint petition was filed.