BANSHIDHAR MAHARANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant-Banshidhar Maharana has preferred this appeal from jail against his conviction under S. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentence of rigorous imprisonment of ten years and alp to pay a fine of Rs. 1,000,00.00 (one lac), in default to undergo rigorous imprisonment for a further period of six months.

(2.) Earlier shri Binod Kumar No. 1, advocate, was appearing in this appeal as amicus curiae by order dated 30-11-1989 but later on Shri Satya Narain Mishra, Advocate was permitted to appear who has argued the case on behalf of the appellant amicus curiae.

(3.) The prosecution case in short is that on 27-8-1986 at about 9.30 a.m. a bus bearing registration No. BHF-3611 was checked in village Minapur at Sheohar Sitamarhi road by the preventive staff of the Custom Department consisting of P. K. Sharma, Inspector Customs, Muzaffarpur (P.W. 3) with six others and 4 Kgs. 200 gms. of opium (of third country origin) valued at Rs. 16,800.00, was recovered from the brief case carried by the appellant. On demand by the appellant, could not produce any required documents or importation and legal possession of the said opium. A seizure list was prepared of the brief case and opium in the presence of the bus staff, namely, Haribans Rai, driver and Binod Kumar conductor of the said bus BHF 3611. The appellant gave his statement that the owner of the opium were Banmalidas Potedar and Ramdhani Singh. After the arrest, the appellant was forwarded to the Presiding Officer, Economic Offences, Muzaffarpur along with the seized articles and also a complaint for taking cognizance and thereafter, the prosecution had been started against the appellant.