NAZIR MIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The sole appellant Nazir Mian has assailed the judgment of conviction dated 1.12.2010 and order of sentence dated 2.12.2010 passed by the learned 1st Additional Sessions Judge-cum-Judge, Special Court, East Champaran at Motihari in N.D.P.S. Case No.16 of 2008 convicting the appellant under Section 20 (b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act') and sentencing him to undergo rigorous imprisonment for fourteen years and to pay a fine of Rs.1,40,000/- and in case of Patna High Court CR. APP (DB) No.18 of 2011 dt.28-06-2012 default in payment of fine to further rigorous imprisonment for six months. One Shivendra Satyarthi (P.W.2), Inspector Customs (Preventive) Division, Motihari sent a prosecution report to the Sessions Judge-cum-Special Judge of the Act, Motihari alleging therein that on 23.01.2008, he received a secret information from the informer that packets of Nepali Charas were secreted in a cavity made in the seat and its back of a Bolero Jeep bearing registration no.UP-60D/3744 and was supposed to come from Karamawa, Raxaul side and destined to Bhagalpur via Ramgarhwa-Chailaha-Motihari. The preventive team under the leadership of the Superintendent alongwith two Punches rushed to Chailaha- Ramgarhwa brick soiling road and caught the vehicle and driver was caught but two others occupants of Bolero succeeded in fleeing away. In course of chasing the drug traffickers, four round firing was made in the air to terrorize them. The driver introduced himself as Nazir Mian, son of late Sahdin Mian, resident of village- Kanana, P.O.- Korihar, P.S.- Raxaul, District- East Champaran and on his disclosure before the preventive team, a cavity in the seat and its back of the recovered Bolero vehicle containing 120 K.G. Charas was secreted into it. As it was lonely place, there was darkness everywhere and it was not safe, the preventive team returned to the Customs (Preventive) Division Office, Motihari alongwith the accused driver, recovered Bolero vehicle and two witnesses for further formalities. In the presence of witnesses, accused and the officers the recovered packets were counted and weighed which came 121 in numbers and 120 K.G. in weight which was assessed to Rs.36,00,000/-. Three representative samples of the recovered Charas were also drawn in the presence of the Punches for the chemical test. The prosecution report was submitted. Cognizance was taken and charges under Sections 20 (b) (ii) (c) and 23 (c) of the Act were framed. The appellant denied the charges and then trial proceeded.

(2.) The defence of the appellant was of false implication and also that the appellant was stranger and he was falsely roped in.

(3.) To prove its case, the prosecution has examined five witnesses. They were P.W.1 Rabindra Nath Rai (Custom Superintendent), P.W.2 Shivendra Satyarthi (Custom Inspector), P.W.3 Ashok Kumar Singh (Godown In-charge), P.W.4 Abid Hussain (Constable, Central Excise) and P.W.5 Sanjeev Kumar ( Inspector, Central Excise).