SHANKAR SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All appellants were charged under Sections 414,149 of the Indian Penal Code, under Section 21 (b) of Narcotic Drugs and Psychotropic Substance Act, 1985, Section 25(1A), 25(1AA), 25(1B) A, 26(i) and 35 of the Arms Act and also under Section 25(2) of the Antiquities Art Treasure Act, 1972. The appellants have been convicted by the judgment and order dated 01.06.2009/08.06.2009 respectively passed by the First Additional Sessions Judge, Banka in Banka P.S. case No. 291 of 2005 (G.R. case No. 1055 of 2005) and have been sentenced to undergo Rigorous imprisonment for two years for conviction under Sections 414, 149 of the Indian Penal Code, R. I for ten years and fine of Rs. 1, 00000/- and in default of payment of fine R. I. for two years for conviction under Section 21(b) of the N.D.P.S. Act. The appellants have further been sentenced R.I. for ten years and fine of Rs. 5, 000/-, in default of payment of fine R.I. for one year for conviction under Section 25(1A) read with Section 35 of the Arms Act. They have also been sentenced R.I. for life and fine of Rs. 10,000/-, in default of payment of fine R.I. for one year for conviction under Section 25(1AA) read with Section 35 of the Arms Act and for their conviction under Section 25(1B) A, read with Section 35 of the Arms Act R. I. for three years and fine of Rs. 5,000/- in default of payment of fine R.I. for six months. The appellants have also been sentenced to undergo R.I. for seven years each and fine of Rs. 5,000/-, in default of payment of fine R.I. for six months for their conviction under Section 25(2) of the Antiquities Art and Treasure Act, 1972. The appellants have preferred these appeals against the judgment of conviction and order of sentence passed by the trial Court.

(2.) Shri D.K. Sinha, Officer In-charge of Banka Police Station was informed on Telephone by the Superintendent of Police, Banka at about 12.30 A.M. on 13.9.2005, since he received secret information that a gang of smugglers is traveling by road, through Katoria and going to Deoghar with huge amount of ancient antiquities, arms, ammunitions and Heroin. These articles, they are carrying from Bhagalpur to Calcutta, which will be handed over to the International gang of smugglers. The Officer In-charge of Banka P.S. was informed by the Superintendent of Police that the gang of smuggler can pass through Katoria road at any time in the night, as such an action is needed to be taken to apprehend them and for that a raiding party be formed under the leadership of Sub-Divisional Police Officer, Banka. Sri D.K. Sinha, Officer In-charge of Banka P.S. (P.W.8) made a station diary entry and proceeded from the police station with constable No. 156 (Driver) towards the residence of Sub Divisional Police Officer, where Officer In-charge of Barahat P.S. Raj Kishore Singh (P.W.10), Security Guards of the Superintendent of Police, Banka, Constable No. 39 Satyendra Kumar Yadav (P.W.5), Constable No. 74 Dipak Kumar (P.W.6), Constable No. 62 Abinash Kumar Jha (P.W.7) and Constable No. 336 Sajan Kumar (P.W.9) also came. The raiding party headed by Baliram Kumar Choudhary, Sub Divisional Police Officer (not examined) proceeded at 1.30 A.M. and reached near a pulia situated half kilometers away from village Kakwara. The Police party started checking the vehicles passing through that road and at about 3 A.M. a Tata Indica Car bearing registration No. WB-02J-9829 came there, which was asked to stop. The car stopped but the passengers sitting inside the car tried to flee away, they were chased and apprehended by the police party. All six persons sitting inside the vehicles were apprehended and on interrogation disclosed their names. They were Kumod Mandal, Lallan Kumar Mandal, Mukesh Kumar Jha, Suman Kumar Singh, Rajendra Das and Md. Imran. Mukhiya of village Kakwara, Upendra Narain Singh (not examined) along with some villagers also came there and in presence of two witnesses, namely, Upendra Narayan Singh (P.W.1) and Rana Kumar Singh (P.W.2) search was made but nothing was recovered from their possession. When the Dikky of the Car was searched, from there following articles were found:

(3.) Since the passengers traveling in Indica Car did not give any satisfactory answer regarding the ownership and possession of those recovered articles, as such a seizure list was prepared. On the seizure list the signature of accused persons and independent witnesses (P.W.1 and P.W.2) were taken. The apprehended passengers also disclosed during interrogation that their other counter-parts have come to Banka from a passenger vehicle with seven ancient idols of goddess and god, who are at present waiting at Katoria (Banka) Bus stand and they will proceed to Deoghar by Bus in the early morning. On the basis of this confession the Officer In-charge of Banka P.s. along with the police party proceeded for Katoria Bus stand (Banka) and reached there at 4.30 A.M. In the middle of the bus stand six persons were found waiting with two bags. These six persons also tried to run away, seeing the police party but they were apprehended with the help of armed force. The apprehended persons disclosed their names as Bojy Kumar Mandal, Ranjan Kumar Das, Anmol Paswan, Jai Prakash Mandal, Shankar Sahni and Rajesh Kumar Singh. The apprehended persons from the Bus stand were also identified by the persons who were earlier apprehended traveling in Indica Car. Nothing was recovered from the possession of persons apprehended at bus stand, but while searching two bags, antique idols of goddess Sita and one antique idol of Bhagwan Ram fully made of Metal and an ancient idol of Pujari fully, made of metal, one ancient idol made fully of metal of a person sitting with folded hands, one ancient idol of yellow colour and one black engraved stone old picture of Bhagwan Budha including two figures of disciples and below the said picture of five ladies and on the back side of the idol something engraved in ancient language were recovered. Here also a seizure list was prepared in presence of two independent witnesses Manikant Choudhary (P.W.3) and Raj Kumar Choudhary (P.W.4), which was signed by the apprehended accused persons and the copy of the seizure list was handed over to them. All accused persons were arrested. The arrested accused persons disclosed that in their business of Smuggling of antique idol, one Sanjoy Kumar Mandal, Promod Kumar Singh and D.K. alias Daniel are also involved. They disclosed that five other persons who are also presently at Bhagalpur and are members of the gang, their names are not known to them.