ABDUL WAHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal on behalf of sole appellant, Abdul Wahid, is against the judgment of conviction, dated 26.04.2008, and order of sentence, dated 03.05.2008, passed by learned Additional Sessions Judge-I-cum-Special Judge, N.D.P.S.Act, Purnea, in Special Case No. 22 of 1993/9 of 1999 whereby and where under the learned Special Court convicted the appellant under Section 23 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced him to undergo rigorous imprisonment for fifteen years and also imposed a fine of Rs,150,000/- under Section 23(c) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and in default the appellant was further sentenced to undergo simple imprisonment for two years.

(2.) One Bikash Srivastava, Inspector, Custom Circle, Kishanganj, gave a written complaint on 30th July, 1993, with regard to an occurrence of the same date which became the basis of the present appeal. The Complaint Case No. 135 of 1993 alleged that at 03.15 hours the complaint along with his other team members were on preventive checking duty on National Highway No. 31 near Faringgola. At that very time the preventive team gave signal to a TATA truck to stop and the truck bearing registration no. DIG 2848 stopped. The truck driver, namely, the accused, disclosed that he was carrying old gunny bags bundles. On verification and examination of the goods it was found that ganja was concealed in the bundles of old empty gunny bags. The accused/appellant disclosed that he was given the charge of the truck at Beltallah, Guwahati. Initially, one Birbal Yadav was also driving the truck, but, he fled away near the border of Bihar-West Bengal at the sight of the official of the Custom Department. The Custom Officer tried to locate Birbal Yadav, but, they failed. Two independent witnesses, Chandhal Roy and Anoop Roy, were called and the truck was brought to the Custom Office, Kishanganj. The truck was searched there and from beneath the bundles of the empty gunny bags huge quantity of ganja, kept in 120 packets weighing 1237 Kg in gross weight 1210 Kg was found. The gunny bags were carried by Hindu-Muslim Transport Company, National Highway, Lalmati, Guwahati, through consignment no. 701, dated 21.07.1993, and chalan was in the name of M/S Joti Enterprises, Chartribari Road, Guwahati, bearing chalan no. 69 of 1993-1994, dated 21.07.1993, the seizure list was prepared, which was signed by the accused the witnesses. The ganja was sent for chemical examination, cognizance was taken and the trial proceeded. Against the appellant the charge was framed which is herein quoted below :

(3.) In course of the trial the prosecution examined nine witnesses. They were P.W. 1, Bibhash Srivastava, the complainant, P.W. 2, Chhedi Prasad, P.W. 3, Surendra Singh, P.W. 4, Subodh Kumar Jha, P.W. 5, S.P. Singh, P.W. 6, Bharat Ram, P.W. 7, Kameshwar Prasad, P.W. 8, Sunil Kumar Singh, and P.W. 9, Ramesh Sah. All the witnesses examined on behalf of the prosecution are officials of the Custom Department and no independent witness has been examined on behalf of the prosecution.