GIRISH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The solitary appellant Girish Prasad was put on trial by the learned Sessions Judge-cumSpecial Judge, Gopalganj, after being charged of the offences punishable under Sections 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act( 'the Act' for short) in Trial No.1 of 2004/Trial No. 82 of 2009 arising out of Govt. official Complaint No.7 of 1995. By the judgment dated 14.12.2009, he was held guilty of committing both the offences and after being heard on 16.12.2009 under Section 235 Cr.P.C. the appellant was directed to suffer rigorous imprisonment for ten years as also to pay a fine of rupees one lac, else, to suffer rigorous imprisonment for a further period of one year under section 23 of the N.D.P.S.Act. No sentence was passed under Section 22 of the Act.

(2.) The prosecution case, in brief, was that the complainant, who was the Inspector of Customs, received a confidential information on 4.5.1995 that someone was carrying Nepali Charas from Nepal into India and will go to Uttar Pradesh by a bus. A preventive party comprising of Superintendent of Customs, Shri P.K.Ghosh, P.W.4 and others was formed and it started checking the vehicles. At about 6 P.M. a bus was seen coming from Muzaffarpur which was going to Siwan and that was also checked. A man who was sitting in a seat was suspected to be the person carrying narcotic drugs and, as such, his luggage was searched and, ultimately, 1.5 K.Gs. of Charas was recovered. A panchnama was prepared before the two witnesses and the statement of the appellant was also recorded in presence of the witnesses in which he confessed to his guilt and revealed that a case was also pending against him in Delhi.

(3.) Samples of the recovered article were drawn in triplicate and the same were packed and sealed in three small packets and the same were sent for chemical examination. The arrested accused, i.e., the appellant, was forwarded to court and a complaint petition was filed.