HARIHAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appeals are directed against the judgment of conviction and order of sentence dated 18.12.2008 and 20.12.2008, respectively, passed by the learned Ist Additional Sessions Judge-cum-Special Judge, Motihari, East Champaran in N.D.P.S. Case No. 92 of 206. The three Appellants, one each in the three appeals, were charged of committing the offences under Sections 20, 23, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act ('the Act' for short) and by the impugned judgment were found guilty of committing the offences. After hearing the Appellants under Section 235 Code of Criminal Procedure, the learned Judge directed each of the three Appellants to suffer rigorous imprisonment for ten years on each of the four counts as also to pay a fine of rupees one lakh each. In default of payment of fine, each of the Appellants was directed to suffer rigorous imprisonment for further period of two years on each of the four counts. However, the sentences were directed to run concurrently.

(2.) The prosecution case is contained in the complaint petition which has not been marked exhibit, though the learned Judge has unnecessarily gone over to mark the signatures of the complainant over different pages of it. It was stated that a secret and reliable information was received on 14.9.2006 that huge quantity of charas was likely to pass through Raxaul Adapur Road, within two-three days. The complainant reduced the above information into writing and informed his Superior Officers and thereafter formed a team by requisitioning necessary security forces from Seema Suraksha Bal(SSB). The team was put on surveillance near the area through which the consignment was expected to pass.

(3.) On 21.9.2006 the complainant received a definite information that a deal on trafficking of charas was likely to be struck at a particular place amidst the ruins of a building on the above said road and, accordingly, the team comprised by the complainant and others reached there. They took with them the two persons of the locality, considering that the place where the transaction was to take place was secluded, for being associated with the search and seizure, if any. It is stated that the informer of the NCB team informed that transaction was taking place. The complainant found some persons sitting there over four plastic bags in the deserted ruins of a house or any construction. The team members moved on to conduct the raid, but some persons from the traffickers' side opened fire as a result of which constable Guleshwar Hazarika was hit by a bullet. In spite of that the spot was raided and four plastic bags containing suspected narcotic drugs were recovered. The complainant stated that by experience he and others found that the contents of the bags was charas and the three persons were captured who were sitting over the bags. Those three persons were the Appellants. On being question, the Appellants confirmed that the contents of the bags were charas and, accordingly, the same was seized. The injured constable Guleshwar Hazarika was shifted to Dunkan Hospital, Raxaul for first aid and as per the advice of the Doctor of that hospital, he was referred to the Patna Medical College Hospital, Patna.