NASHIMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellants as well as learned APP for the State.

(2.) The present appeal preferred by both above named appellants/convicts challenging the judgment of conviction dtd. 9/1/2018 and order for sentence dtd. 15/1/2018 passed in Session Trial arises out of Bochhahan P. S. Case No. 22/15, whereby and whereunder learned Additional Sessions Judge, 8th, Muzaffarpur convicted the appellants under Ss. 20(b)(ii)(c) and 29 of N.D.P.S. Act and has sentenced them to undergo rigorous imprisonment for 16 years with fine of Rs.2.00 lakhs each and in failure to pay fine appellants/convicts to undergo additional sentence of two years of imprisonment.

(3.) As per summarised case of prosecution, a secret information was received by Shambhu Kumar, S.H.O. Bochhahan (PW -10) on 9/2/2015 at about 4:20 AM, that two trucks bearing Nos. JH 09C/6077 and HR 55M/1312 are going towards Muzaffarpur crossing Darbhanga, where each of trucks are loaded with -Ganja- having one female alongwith two children sitting inside. The said secret information was immediately given to area Magistrate i.e., Block Development Officer, Bochhahan (PW-11) with a request to join at police station from where informant (PW-10) alongwith area Magistrate (PW-11), A.S.I. Angad Tiwari (PW-5), A.S.I. Jitendra Singh (PW-6), ladies constable no. 1168 Meena Devi (not examined), Armed Police (S.A.F.) No. 7970 namely, Sundar Bhagwan Singh (PW-3), SAF Police Force No. 4453 Girdhari Gujar (PW-4) and SAF Police Force No. 333 Ajay Shankar Sharma (PW-2) proceeded to verify the said secret input at about 4:30 AM from police station. While aforesaid team arrived at Majhauli Chowk about hundred yards east of NH 57, the driver of both vehicles by taking benefit of darkness and fog run away, leaving their trucks on spot, where, two females alongwith four children found sitting inside the trucks, who disclosed their names before area Magistrate as Nashima, aged about 30 years, wife of Md. Alam resident of Baretha Khijarpur, P.S. Manather, District- Muradabad, Uttar Pradesh and secondly, Shama, aged about 25 years wife of Md. Meenjar, village- Lalbara, P.S.- Shabaj, District- Rampur, Uttar Pradesh. Both ladies (appellants/convicts) were asked by Area Magistrate (PW-11) to disclose the name of materials giving scent as -Ganja-, but as they remain mum, it was ordered to check the vehicle, where substances appearing like -Ganja- recovered in several packets. The seizure list of said seized -Ganja- like substance was prepared in presence of Block Development Officer (PW- 11). As per seizure, 56 packets wrapped in blue colour plastic bundles were recovered from vehicle no. JH 09C/6077, whereas 31 packets wrapping in black colour plastic and 3 packets wrapped in green plastic were recovered from vehicle No. HR 55M/1312. Subsequent to seizure, Block Development Officer (PW-11) asked to appellants/convicts to produce relevant documents, where upon non-production of documents, as asked for, both appellants/convicts were taken into custody.