PASPAT SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants above named have challenged their conviction for offences under Ss. 20(b) (ii)(C) and 23(c) of the N.D.P.S. Act by judgment dtd. 19/11/2015 passed in N.D.P.S. Case No. 63 of 2012 arising out of Palanwa P.S. Case No. 73 of 2012. The learned trial Judge (Additional Sessions Judge-I, East Champaran at Motihari) by the impugned order of sentence dtd. 21/11/2015 awarded 10 years rigorous imprisonment and a fine of Rs.1.00 lac under both the aforesaid heads of the offences. However, the sentences were ordered to run concurrently.

(2.) The prosecution case as disclosed in the written report of PW-1 Ram Vinay Singh is that he along with his eight helpers put an ambush near Indo Nepal Border at Piller No. 400, Bridge No. 88. Some people from the Nepal side carrying bundles on their head were entering into the territory of India at about 11 PM on 16/6/2012. When they were stopped for queries, the people threw their bundles and started fleeing. Three of them namely the two appellants and one Jado Lal Yadav were apprehended and in presence of Tribhuwan Prasad Yadav (PW-5) and Navin Kumar (PW-6), the thrown articles were searched and it was noticed that ganja like substance was there. Total weight of the narcotic was 96 Kg.

(3.) After investigation, the police submitted chargesheet against all the three. Co-accused Jado Lal Yadav claimed to be a juvenile as such his matter was separated and sent to the Juvenile Justice Board by order dtd. 6/3/2013.