JONY SHEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appeals arise out of judgment dated 19.12.2007 passed by the learned Additional Sessions Judge-cum- Special Judge, N.D.P.S. Act, Kishangnj in Special case No. 20 of 2005/Tr. No. 2 of 2005 by which the three appellants were found guilty of committing offences under Section 20 (b)(ii) of the NDPS Act 20 (b)(c) of the NDPS Act. Each of the three appellants were directed to undergo rigorous imprisonment for 15 years. Appellant Barjahan Sheikh was also directed to pay a fine of Rs. 2,00,000/- or to suffer rigorous imprisonment for one year in case, he defaulted in making payment of the fine. The two appellants Jony Sheikh and Nasir Hussain were directed to pay a fine of Rs. 1,00,000/- each else to suffer rigorous imprisonment of six months each. The three appeals have been preferred by the three appellants for challenging the orders of conviction and the sentence dated 19.12.2007 and 24.12.2007 respectively.

(2.) The complaint petition filed by PW Salimullah who at the relevant time was Inspector, Customs (Preventive), Kishanganj in which he stated that while checking for the prevention of the smuggling of goods on 26.11.2005 the checking party which was posted at Khagra Gumti at Kishanganj, found truck bearing registration No. AS OIL-3192 coming from Siliguri side. The truck was stopped and it was found that three persons were sitting therein who divulged their identifications by giving their names and full addresses. On enquiry by the complainant and his companions, the occupants of the truck pointed out that the vehicle was loaded with plastic scraps and was being taken from Assam to Murshidabad in West Bengal.

(3.) The complainant alleged that he and others got suspicious as easily available cheaper quality of plastic could never be transported from such a distant place like Assam to Murshidabad. The members of the preventive team expressed their desire to carry out a checking of the truck and they gave an option to the occupants to get the vehicle checked in presence of a Magistrate or any Gazetted Officer, but the same was declined by them and offered them to check the vehicle. On account of the stoppage of the vehicle many persons assembled there and on account of the request made by the occupants as also for safety reasons, the vehicle was brought to the Customs Office, Kishanganj which was located at a very short distance from Khagra Railway crossing. However, while the truck was being brought to the Customs Office, it developed some snag which was removed by calling a mechanic. When the truck was likely to reach the Customs Office, Kishanganj, the driver of the truck attempted to run away from it, but was chased and captured by the members of the preventive team and, thus, the truck was brought to the premises of the Customs Office, Kishanganj.