NAND KISHORE BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) MR . D.K. Tandon, learned counsel for the appellant, Mrs. Abha Singh and Mr. Dasrath Mehta, Additional Public Prosecutors for the State.

(2.) THIS appeal is directed against the judgment of conviction dated 16th January, 2013 and the order of sentence dated 18th January, 2013 passed by the learned 9th Additional Sessions Judge, Muzaffarpur in Rail P.S.Case No.68 of 2007/32 of 2012, whereby the sole appellant has been convicted under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/ -. The appellant has further been convicted under section 22 of the NDPS Act and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.1,00,000/ -. However, both the sentences have been ordered to run concurrently. In default of payment of fine the appellant has been directed to undergo further rigorous imprisonment for two years.

(3.) ACCORDING to the prosecution case, the officer -in -charge Shashi Bhusan Singh (P.W.4) of Rail Police Station, Muzaffarpur received secret information at 9.15 p.m. on 7th September, 2007 that one person who had got down from Raxaul -Muzaffarpur passenger train at platform no.3 was carrying something suspicious in a carton and was proceeding towards platform no.6. In order to verify the information received, the officer -in -charge of the police station along with Sub Inspector of Police Ramashish Paswan (P.W.5) proceeded towards platform no.6. They located one person carrying a carton on his head and asked him to stop but he threw the carton and ran towards toilet in order to escape. He was chased and caught. He was brought near the place where he had thrown the carton. On enquiry, the person apprehended disclosed his identity as Nand Kishore Bhagat son of Ramchandra Bhagat. He further disclosed that he was carrying twelve kilograms ganja in the carton for the purposes of sale to one Suresh Chaudhary, resident of Kalyan Chowk, Muzaffarpur.