MD FAIYAZ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have been convicted for offences under Section 23 of the N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment for 15 years and the fine of Rs.1,50,000/- (one lac and fifty thousand) to both the accused has been imposed and in default of payment of fine, have been ordered to further undergo rigorous imprisonment for two years.

(2.) The prosecution case, as alleged is that the complainant is a public servant working as Intelligence Officer at Directorate of Revenue Intelligence, Muzaffarpur and is filing a complaint in official capacity alleging therein that on the basis of the specific information the complainant intercepted a truck bearing Registration No. W.B. -O 3 - 0728 on 30.05.2003 along with occupant Md. Ali Akbar and Faiyez Alam at National Highway 28 near Chanakya Hotel and 69 packet of Nepali Ganja weighing 1372 kgs. gross 1335 Kg. net recovered from the truck in presence of independent witnesses which was seized. The accused persons admitted their guilt and they also admitted their involvement in smuggling of Ganja which were being smuggled from Nepal to Bengal, Belurghat for money. During the enquiry, the sample of the seized Ganja was sent for chemical analysis to the Central Revenue Control Laboratory and it has been reported that the same is Ganja within the meaning of NDPS Act and during the enquiry on the said complaint the cognizance was taken on 01.08.2003 and subsequently the charge was framed on 22.06.2004 for offence under Sections 20, 23 and 25 of the NDPS Act for having possession as well as importing and smuggling of Nepali Ganja respectively.

(3.) However, during the trial, seven witnesses were examined i.e. P.W. 1 Rajesh Kumar Srivastava, P.W. 2 Rakesh Ranjan, P.W. 3 Indradeo, P.W. 4 Deepak Kumar, P.W. 5 Brajbhushan Kumar, P.W. 6 Surendra Kumar, and P.W. 7 Laxmi Choudhary. The documentary evidence adduced as Ext. 1 is the seizure memo, Ext. 2 is the seizure list and Panchnama regarding recovery of Ext. 3 is the confessional statement of co-accused Ali Akbar, Ext. 3/1 is the confessional statement of Faiyez Alam recorded by Surendra Kumar Khatib and witness. Ext. 4 Panchanama, Ext. 5 is the complaint petition, Ext. 6 is the signature of seizure list. Signature of Surendra Kumar on seizure list (the material Ext. 1 is the sample invalid of the seized Ganja), Exts. 1, 2 and 6/3 is the signature of Surendra Kumar on recovery memo and Ext. 6/4 to 6/7 is the signature of Surendra Kumar on statement of Ali Akbar and Ext. 6 and 11 is signature of Surendra Kumar on statement of Faiyaz Alam. Ext. 12 14 is the signature of Surendra Kumar on the statement of Fiyaz Alam and Panchnama. Ext. 7 is the original test report, Ext. 7/1 and 14 envelop of test report, Ext. 8 certification by the Judicial Magistrate, Ext. 9 is the disposal of the Ganja, Ext. 9/3 is the certificate regarding the disposal.