RAJU MISTRI @ RIYAZUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Raju Mistri @ Riyazuddin who has been found guilty for an offence punishable under Sections 20 (b) 2 (c) of the NDPS Act vide judgment dated 07.02.2008 and sentenced to undergo R.I. for 20 years and fine of Rs. 2 Lacs in default to undergo R.I. for two years vide order dated 08.02.2008 passed by 1st Additional Sessions Judge, Saran at Chapra in NDPS Case No. 15/2000 filed the instant appeal.

(2.) PW-2, Parasnath Singh recorded his own Fardbeyan (Ext- 3) on 26.10.2000 alleging inter alia that on the same day at about 10.45 a.m. he had received confidential information with regard to transportation of Charas in a huge quantity by the smugglers. On the aforesaid confidential information a raiding party was constituted and as soon as they came at village Bhadpa, they found a jeep bearing Registration No. WBC 4049 proceeding towards western direction. On suspicion, the raiding party intercepted the vehicle. The driver, on query, disclosed his identity as Raju Mistri @ Riyazuddin and further failed to produce documents with regard to the vehicle. In presence of seizure list witnesses namely, Kashinath Singh and Musafir Sharma the vehicle was searched and from a box which was constructed in between the back seat, 29 packets of 2 Kgs, four packets of 1 Kg. and 66 packets of 500 Gms totaling 95 Kilograms of Charas was found for which no explanation was offered by the aforesaid driver. On query, the driver further disclosed that the vehicle belonged to Nanhe Mistri who used him as a carrier and further he was on his way to Kanpur. Accordingly, the driver was apprehended and the contraband articles were seized. After registration of case bearing Ravilganj P.S. Case No. 137 of 2000 investigation commenced and charge-sheet was submitted against the appellant while remained pending against co-accused Nanhe Mistri.

(3.) While the matter was pending for investigation against coaccused, Nanhe Mistri, after taking cognizance of the offence the trial commenced before 8th Additional Sessions Judge, Saran at Chapra, wherefrom the appellant, Raju Mistri @ Riyazuddin got acquittal in the background of the fact that prosecution had failed to examine material witnesses save and except the seizure list witnesses, Kashinath Singh and Musafir Sharma which was taken into consideration suo motu by this Court and on the basis thereof there has been registration of Cr. Revision No. 183 of 2003 and subsequently vide order dated 20.08.2004 after setting aside the judgment of acquittal dated 18.07.2002 passed by the 8th Additional Sessions Judge, Saran at Chapra the matter was remitted to the trial court to proceed afresh. During continuance of the proceeding before the trial court charge-sheet against Nanhe Mistri was also filed and on account thereof both the proceedings were amalgamated which culminated in conviction of the appellant as well as acquittal of co-accused, Nanhe Mistri.