LAXHMAN SINGH @ LACHMAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants have challenged the judgment and order of conviction dated 03.03.2006 passed by the learned 1st Additional District & Sessions Judge-cum- Special Judge, Araria, in Special Case No. 04 of 2003/Trial No. 04 of 2005 whereby the two appellants have been convicted under Section 20(b) (ii) (c) of the N.D.P.S.Act, 1985 and sentenced to undergo R. I. for twelve years and fine of Rs. One Lac each was imposed and in lieu of fine two years R.I. was awarded to the convicts. However, all sentences were directed to run concurrently.

(2.) For proper appreciation of grounds of appeal, the accusation in brief is necessary to be traced out.

(3.) On receiving the aforesaid information, a team of preventive officers and staff of the Customs Department, Forbesganj, headed by the Deputy Commissioner of Customs, Forbesganj (P.W.8) constituted a raiding team to intercept the said tank lorry and then the Preventive Team Officers came to Jogbani- Araria Road immediately. On 23.04,2003, at about 15 hours, the said tank lorry was noticed coming from Jogbani side at Forbesganj College, on which the preventive team members signaled the said tank lorry to stop, but the driver of the tank lorry, ignoring the signal, speeded up to escape. When the said tank lorry did not stop in spite of the signal, the preventive officers chased the said tank lorry with their departmental vehicles and succeeded to intercept the said tank lorry near zero mile, Araria, whereupon the Preventive Officers gave their identification as well as the identification of the Senior Officer, who was leading the raiding team. The passengers of the tank lorry were conveyed about the purpose of stopping the tank lorry. The occupants of tank lorry disclosed their names to be Laxman Singh and Sukhdeo Singh (both appellants), the driver and Khalasi, respectively, of the tank lorry. Search was made in presence of two independent witnesses after disclosing the intention to search. Initially, the secret chambers could not be located, but on opening of the chamber, the raiding team got the smell of Ganja and it was believed that the said contraband is Ganja, which was subsequently admitted by driver and the Khalasi. The further case of the prosecution is that, when the preventive officer wanted to make a thorough search, then the driver and independent witnesses requested the preventive officer to take the said tank lorry for search to a safer place for safety and to avoid the crowd of the passers-by. Then the tank lorry alongwith driver, khalasi and the independent witnesses were taken to the Office of the Customs Division, Forbesganj, for thorough search. Thereafter, search was made by Customs Office, Forbesganj, in the presence of independent witnesses, driver and khalasi and senior officers and on opening of cavity of chambers of tank lorry, 41 bags of Ganja wrapped in polythene sheet were recovered, weighing about 250 Kg. which was estimated to be worth Rs. Five Lacs. Consequently, the seizure list and Panchanama were prepared by the preventive officers of the raiding team in presence of independent witnesses, driver and khalasi of the tank lorry, who signed the seizure list. The preventive team, thereafter, took the samples of the seized Ganja in presence of the independent witnesses, driver and khalasi for chemical examination. The raiding party recorded the voluntary, as well as the interrogatory statements of driver and khalasi, in presence of independent witnesses, wherein it was admitted that they were carrying contraband Ganja for money. Thereafter the apprehended accused were remanded to the judicial custody which gave rise to Forbesganj Unit Case No. 88/ NDPS/FBG/03 dated 23.04.2003. Subsequently, the complaint was filed on 02.06.2003 by P.W.2 in the court of the learned District & Sessions Judge, Purnea, which gave rise to Special Case No. 04 of 2003.