PARSHURAM BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ansul, learned counsel for the appellants and Ms Shashi Bala Verma, learned Additional Public Prosecutor of the State.

(2.) The appellants have preferred the present appeal against the judgment and order dtd. 29/2/2016 and 5/3/2016 respectively passed by the learned 1st Additional Sessions Judge, Gopalganj in Trial Case No. 42 of 2013 arising out of Vijayepur PS. Case No. 28 of 2013 whereby they have been held guilty of the offences punishable under Sec. 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') and sentenced to undergo R.I. for 12 years and to pay a fine of Rs.1,00,000.00 each and on failure to pay the amount of fine to undergo imprisonment for a further period of three years.

(3.) The first information report (for short 'FIR') of Vijaipur PS. Case No. 28 of 2013 was registered on 28/2/2013 at 2:30 p.m. on the basis of written statement of Station House Officer of Vijayepur Police Station Mr. B.P. Alok. He had recorded his self-statement on 28/2/2013 at 5:00 a.m. at village Dobhal on Gangachapar Majhbaliya main road. In his written statement, he has recorded that he received an information from Sub-Inspector of Police (for short 'SI') Mr. H.N.Singh at 2:30 a.m. on 28/2/2013 to the effect that one white Indigo CS car bearing registration No. UP32BE-8398 loaded with Ganja is likely to pass through Majhbaliya Bazar to Mushahari Bazar in the night. The information so received was entered into station diary entry and an information in this regard was sent to the Sub-Divisional Police Officer (for short 'SDPO') Mr. Anand Kumar Pandey. The SI H.N.Singh, who was on night patrolling duty, was directed to be vigilant and await for the Indigo car. Hetook Chowkidar Pawan Kumar Singh and Ram Pyare Gond and proceeded to Gangachapar Majhbaliya main road where the SI H.N.Singh, who was on patrolling duty, was present from before. They all kept waiting for the white Indigo car regarding which the information was received to pass. At around 3:30 a.m. the SDPO also reached there. Immediately after his arrival, a white Indigo car was seen coming towards them. On seeing the police patrolling party, two persons, who were sitting inside the car came out and started fleeing away. The police patrolling party apprehended them after a brief foot pursuit.