MD ROSHAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three appellants, namely, Md.Roshan; Noor Alam; and Brij Kishore Pandit, have preferred these appeals against the judgment and order of conviction and sentence, dated 03.02.2009 and 05.02.2009, respectively, passed by 1st Additional Sessions Judge, Bettiah, West Champaran in connection with Trial No. 6 of 2005. The Trial Court has passed a judgment of conviction against these appellants, convicting them for offences, punishable under section 20(B)(ii)(c), 22(c) and 23 (c) of the N.D.P.S. Act. They have been sentenced Rl for 20 years and fine of Rs. 2 lacs for their conviction under each offences, separately. All the sentences are directed to run concurrently.

(2.) Shikarpur P.S. Case No. 521 of 2004 was instituted at 05.30 p.m. on the basis of self-recorded statement of the informant, Naresh Prasad, P.W. 5, who was posted at the relevant time, as Officer Incharge of Shikarpur Police Station.

(3.) The prosecution case, as disclosed in the F.I.R. is that on 25.12.2004 at 06.00 a.m., the informant received a secret information and after receiving information, a police raiding party was formed, comprising of Sub-Inspector of Police, Manvendra Kumar (not examined), Kishore Sah (P.W. 2), Sambhu Singh (not examined), Sheo Dayal Singh (P.W. 3), Suresh Sah (P.W. 4) and Shambhu Mahto (P.W. 8), and proceeded from the Police Station by Mobile Jeep, bearing No. BR-22A-1642. The informant himself did not proceed. Sufficient time elapsed, but there was no information. Thereafter, about 14.30 hours, he came to know that the vehicle had come back along with the Police Force and also saw that the Police Force was at the road and a truck, bearing No. DBL-4112 was standing outside at the road. On the truck, three persons are sitting. The informant made a query from the Police Force, but they did not disclose anything. Having being suspicious, he himself made query from these persons and they disclosed their names, as Brij Kishore Pandit, Mohammad Roshan and Md. Noor Alam, who are the appellants. They also disclosed that the Police Inspecting Team has checked their truck and in course of checking, packets of Ganja, kept in a trunk along with some furniture, were found. These persons also disclosed that they are involved in smuggling of Ganja and have brought the Ganja from Harendra Patel, Amar Yadav and Sone Lal of village Bhawara, P. S.- Baldhar. They had proceeded with the said Ganja on the 407 Truck from village Bhawara, via Baldhar to Narktiaganj. Their destination was to Ram Nagar and from there they had to go to Uttar Pradesh.