RAJIV HUSSAIN @ RAJU HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in these four appeals have challenged the judgment and order dated 25.05.2011, 03.06.2011 passed by Sessions Judge-cum-Special Judge, Katihar in Katihar Rail P.S. Case No. 18 of 2007, G.R. Case No. 25 of 2007, whereunder the four appellants have been convicted for the offence under Sections 20, 22 of N.D.P.S. Act, 1985 read with Section 34 of the Penal Code. They have been sentenced to undergo R.I. for 12 years each under both the counts with further direction to pay fine of Rs. 1,00,000/- each, in default of payment of fine, appellants have been directed to further undergo R.I. for one year. The sentences have been directed to run concurrently.

(2.) Prosecution case in brief as set out in the written report of Sri Raj Kumar, Inspector, Railway Protection Force, Post-Katihar (PW-7) is that he received telephonic confidential information on 12.02.2007 at 17:45 hours that narcotic substance is being smuggled through Guahati-New Delhi, Rajdhani Express, Train No. 2423 in AS-3 tier Coach No. 15564. Having received the information, PW-7 organized a team comprising of the officers and men of R.P.F. Post, G.R.P.S. Katihar and reached platform no. 8 of Katihar Railway Station where New Delhi bound Rajdhani Express was scheduled to arrive. No sooner, New Delhi bound Rajdhani Express arrived at platform no. 8, PW-7 and his men entered aforesaid coach no. AS-3 tier and asked passenger occupying berth no. 52 to detrain with his luggage i.e. light gray color suitcase tied with Sutli and cellotape. The suitcase was opened on the platform and 12 Kg. Ganja wrapped in white polythene was recovered, which was seized by PW-7 at the platform in presence of the witnesses. The person apprehended made disclosure that his other three companions including a woman are also travelling in the same coach with number of luggage i.e. airbag, suitcase etc. on berth no. 49 and other berths. The person apprehended also disclosed the name of his other companions as Rajiv Hussain @ Raju Hussain aged about 24 years son of Monirul Islam, Kishori Barman aged about 38 years son of Purnu Barman and Mumtaj aged about 32 years wife of Sahajan, all resident of Village and P.O. Jeranpur, P.S. Kotwali, District-Coochbehar, West Bengal. Having derived the aforesaid information from the person apprehended, the information extracted was also passed on to the G.R.P. escort party moving with the train and to Sri Umesh Prasad Singh, Officer-in-charge, G.R.P., Barauni where the train was scheduled to stop next so that the other three accomplice of the person apprehended may be apprehended at Barauni. The person apprehended disclosed his name as Biplab Berman who was handed over to the Officer-in-charge G.R.P. with the seized articles on 13.02.2007 alongwith written report of the same which is the basis of the present case registered on the same day with direction to Sri Singheshwar Singh, A.S.I. to investigate the case.

(3.) Delhi bound Guahati Rajdhani Express next stopped at Barauni junction where the other three appellants i.e. Rajiv Hussain @ Raju Hussain, Kishori Barman and Mamta @ Mumtaz Bibi were asked to detrain by the Officer-in-charge of G.R.P., Barauni, Umesh Prasad Singh, PW-1 alongwith their luggage which was also checked at Barauni Junction platform and Ganja was found in four airbags, one handbag, two atachi-cases, one trolley bag. Ganja found in the aforesaid luggage was however not weighed at Barauni Junction but Umesh Prasad Singh, Officer-in-charge, Barauni, G.R.P., having apprehended the three appellants at Barauni Junction forwarded them to Katihar G.R.P. along with their luggage.