JUMMAN ANSARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 25.6.2011 and the order of sentence dated 30.6.2011 passed by the learned 7th Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, Muzaffarpur in Customs Case No.125 of 2005 whereby the appellants have been convicted under section 20(b)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs.1,00,000/- (one lakh) each.

(2.) The prosecution case is based on a written complaint filed by P.W.2 Basant Kumar Singh on 19.1.2005, in the court of learned Chief Judicial Magistrate, Muzaffarpur in respect of an occurrence which is alleged to have taken place on 18.1.2005. It is alleged that on 18.1.2005, during preventive checking Bus bearing registration no.BR06P/8186 coming from Bettiah and going to patna was checked at Lasgaripur, near Bhardwaj Dhaba on NH-28. Two passengers in the bus were suspected of carrying some contrabands concealed in their body. As such, two persons sitting at the nearby Dhaba were requested to be witness to the search of both suspected passengers to which they both agreed. In presence of the witnesses, the suspected passengers were requested to get down from the bus. The customs officials disclosed their identity and informed them that they are being suspected of carrying some contraband goods concealed in their body and are to be searched and they have a constitutional right to exercise their option whether they wanted to be searched before a Magistrate or a gazetted officer of customs. Both the passengers opted to be searched before a gazetted officer of customs. The preventive team along with both the witnesses and both the suspected persons came to the Customs Divisional Office, Muzaffarpur and contacted Sri B.K. Singh, Superintendent, Customs Division, Muzaffarpur. The search was conducted in his presence and during search of appellant no. 1, Jumman Ansari, three packets of blackish substance kept in polythene and further kept in clothen bag concealed below the clothes worn by him were recovered. On query, the appellant no. 1, Jumman Ansari, disclosed that the substance was Charas. The three packets recovered from him were got weighed in his presence and in presence of both the witnesses and were found to be 3 kgs. During search of appellant no. 2, Karimullah Ansari, four packets of blackish substance kept in polythene and further kept in clothen bag concealed below the clothes worn by him were recovered. On query, he also disclosed that the substance recovered from his possession was Charas. The packets were got weighed in his presence and in presence of the witnesses and were found to be 2 kgs and 500 grams.

(3.) It has further been alleged that the statements of the appellants were recorded under Section 67 of the NDPS Act before the witnesses. They confessed their guilt and stated that at Bettiah Bus Stand one unknown person had met them and offered rupees one thousand each over and above the up and down fare, if they could carry his Charas up to Patna. In their respective statements, they contended that for lust of money they agreed to carry the Charas up to Patna. The same person had to take back the Charas from them at Patna bus stand. They stated that on direction of that person they had concealed the Charas below the clothes worn by them and boarded the bus for Patna.