LAKSHAMAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shri Prakash Tiwari, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State through video conferencing.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 27/2/2016 and 29/2/2016 respectively passed by the learned 1st Additional Sessions Judge, East Champaran, Motihari in N.D.P.S. Case No. 48 of 2012 arising out of Raxaul P.S. Case No. 92 of 2012 whereby and whereunder the appellant has been convicted under Sec. 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short ..N.D.P.S. Act..) and sentenced to undergo rigorous imprisonment for a term of 11 years and to pay a fine of Rs.1,10,000.00 and on default of payment of fine to further undergo rigorous imprisonment for one year. He has further been held guilty for the offence under Sec. 23(c) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a term of 10 years and to pay a fine of Rs.1,00,000.00 and in default of payment of fine to further undergo rigorous imprisonment for one year. Both the sentences have been ordered to run concurrently.

(3.) The prosecution case in short is that on 24/4/2012, at about 01:00 P.M., when the informant Lans Nayak, GD, 13th, B.N, SSB, "D" Coy David Sonowal was on patrolling duty along with other SSB personnel near border, he received a secret information regarding movement of certain contraband material from Nepal which information was passed on by him to his Company Commander, Inspector Shailesh Kumar and after seeking permission, the team headed by the informant started surveillance in the border area. At about 04:30 P.M., one person was seen coming from Birganj to Ahirwa Tola. He was directed to stop but having seen SSB officials, he started fleeing away. He was caught by the members of the team. On the queries made by the officials, he disclosed his name and identity as Lakshaman Mahto of Birganj Nepal. Thereafter in presence of two independent witnesses, namely, Nandu Yadav and Ram Balak Paswan, a search was made of the person detained and from his possession, 5 yellow coloured packets tied on his right thigh were recovered. On inquiry, he disclosed that the recovered packets contained charas. He disclosed that he is the owner of the contraband charas and he sells it after going to Raxaul. The recovered contraband was tested by drug detection kit and was found to be charas.