SIKANDAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 23.1.2008 and 25.1.2008 respectively passed by the Additional District & Sessions Judge-F.T.C.-I, Motihari, East Champaran in Excise Case No. 63 of 2004, by which appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years with fine of rupees one lac under Section 23 of the Narcotic Drugs and Psychotropic Substances Act. In default of payment of fine he is further directed to undergo simple imprisonment for three years.

(2.) Prosecution case in brief is that on 25-08- 2004 informant Indra Narayan Mishra, Sub-Inspector, Ramgarhwa police station received confidential information that an old Jeep bearing its registration No. ME-14D-2885 is coming from Raxaul towards Ramgarhwa by the driver only having huge quantity of Ganja. To verify the information informant came on N.H.-28A road in east to Ramgarhwa police station along with other police officials. Reported Jeep was stopped while coming from Raxaul side. Its driver was enquired who disclosed his name as Sikandar Sah, appellant. Owner of the Jeep is Bablu Rai. He further disclosed that the owner of the Jeep asked him to take the jeep to Muzaffarpur on hire. Appellant reported his ignorance about remaining of hidden Ganja in Jeep. Jeep was searched by informant in presence of the appellant and the independent witnesses Rakesh Kumar Singh and Ram Ayodhya Prasad.

(3.) Some provision was made to keep Ganja in the body of the Jeep, which could be searched only after cutting that relevant portion, from where 126 K.G. of Ganja in 33 packets of different weights was recovered. Probability of remaining of Charas or Heroin was also verified by getting opened the packets but nothing like Afim or Charas or Heroin was found. Recovered Ganja was packed in different bags including packets for sample. Seizure list after its preparation was signed by the appellant and witnesses.