HIRALAL MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents.

(2.) THE solitary appellant has preferred this appeal against his conviction for the offences under section 20B and (II)(C) of the Narcotic Drug and Psychotropic Substances Act (hereinafter referred to as 'Act') and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh, and on non payment to further undergo simple imprisonment for six months, as awarded by 7th Additional Sessions Judge, East Champaran, Motihari on 17 th December 2011 in N.D.P.S. Case No. 78/2004/6/2011 who simultaneously acquitted the appellant from the charge under section 23C of the Act.

(3.) THE appellant, driver of the Truck, introduced himself as Heeralal Mahto and since it was still dark for safety measures. The Truck was brought to the office at Raxaul where stone chips were unloaded and altogether 42 white colored plastic bags were recovered containing two packets each totaling to 84 wrapped with paper and plastic tied jute twine and on opening of all, they were found containing Ganja, on weighing they were found 798 kgs. (in moist condition) and the recovered Ganja valued at Rs. 15,96,000/- which was seized along with the Truck. The Panchnama (Exhibit - 1) was drawn in the office, seizure list (Ext.2) prepared, samples (around 25 grams each) Ganja were taken, three representative samples were drawn. Test report received against samples send for chemical examination confirming the same as Ganja (Cannabis). During interrogation also the appellant confessed his guilt (Exhibit 4 and 6 in pen of one Pradip Kumar (not examined) introducing Subhash Rai and Manoj Rai as his companions and to apprehend them due steps had also been taken.