BHUSHAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two Appellants were charged of committing offences under Sections 20 and 25 of the N.D.P.S. Act by the learned Additional Sessions Judge-IX, Patna in Special Case No. 43 of 2006. By judgment dated 20th day of September, 2008 the learned Judge found the Appellants Shyamdeo Singh guilty of offences under Sections 20(b)(ii) and 25 of the Act and directed him to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 1,00,000/- in default of which he had to undergo rigorous imprisonment for further period of one year under each of the two counts. As regards Appellant Bhushan Kumar Singh, he was held guilty of an offence under Section 20(b)(ii) of the Act and was sentenced to rigorous imprisonment of ten years as also to pay a fine of Rs. 1,00,000/- else to suffer rigorous imprisonment for one year.

(2.) The case emanated from the petition of complaint (Ext.-6) filed by P.W. 1 Sri Dharmesh Kumar Srivastava, who was the .Intelligence Officer, Directorate of Revenue Intelligence, Regional Unit, Patna in which it was stated that a definite information was received by him that a consignment of ganja smuggled from Nepal was being brought by a truck bearing registration No. HR-55B-3400 and it was being transported from Sugauli (Motihari) to Jethuli (Patna). A group of officers including P.W. 1 the complainant and others put on at ambush near Ramashish Chowk, Hajipur and waited for the arrival of the truck on 25.8.2006. They saw a truck coming from direction of Muzaffarpur and as such they signalled the driver to stop the vehicle. But, the driver attempted to dangerously speed away the truck. The truck had itself to be stopped at the tax-toll near Mahatma Gandhi Setu, Patna and the two Appellants who were the drivers and the cleaners respectively attempted to run away, but they were chased by the complainant and his companions and were arrested and questioned. The Appellants revealed their identities. However, they pointed out to the complainant and his companions that they could not pick up the signal and as such did not stop the vehicle.

(3.) The complainant and his companions checked the truck and on removing the tarpoline it was noticed that 16 bundles of ganja in rectangular packets were kept in the body of the truck. The recovered ganja was found weighing 326 K.Gs. In fact, the search and recovery was made in the D.R.I. Office, Patna because the Appellants requested the complainant to do so due to the assemblage of persons who might have done something dangers (sic-dangerous?) to their lives and properties.