MD. HADIS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellants under Sec. 374(2) of the Code of Criminal Procedure, putting to challenge the impugned judgment of conviction dtd. 8/3/2018 and order dtd. 14/3/2018, passed by learned 1st Additional Sessions Judge-cum-Special Judge (NDPS) Act, Aurangabad, in G.R. No. 04 of 2016/09 of 2016, whereby the appellants have been convicted and sentenced as under:

(2.) The prosecution's case, in brief, is that based on a secret information, an operation was conducted under the supervision of Superintendent, Excise Department, Aurangabad, by a team of Excise Officials and personnel of Special Auxiliary Police (SAP) for checking the vehicles and in that course, a bus in the name of Baba Bus, bearing registration No. BR-02T-2511 was checked, leading to recovery of 57 kgs of Ganja in altogether 32 bundles; 25 bundles containing 2 kgs each and 7 bundles containing 1 kg each and 23 bottles of 750 ml (total 17.250 Liters) illicit Indian Made Foreign Liquor (IMFL for short) were also recovered. The Conductor of the bus, Dharambir Kumar Upadhayay (PW-4), is said to have disclosed to the raiding party that these appellants had, before boarding the bus, on having been asked, told him that those bags contain domestic items and apparels. However, during the course of checking at Erka Excise check-post by the Excise Officials, huge quantity of ganja and illicit liquor was recovered and seized by the Excise Officials on 18/6/2016. Based on self statement of the Sub-Inspector Excise, Devendar Singh (PW-6), a case was lodged and seizure list was prepared for the offences punishable under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and Sec. 47(a) of the Bihar Prohibition and Excise Act against these appellants. Cognizance of the offences was taken by the learned District and Sessions Judge-cum-Special Judge, (NDPS) Act, Aurangabad, on 18/8/2016. On 21/9/2016, charges were framed against these appellants for commission of the offences punishable under the aforesaid NDPS Act and the Excise Act.

(3.) As the appellants denied the charges against them, they were put to trial. During the course of trial, the prosecution examined altogether 6 witnesses, including the conductor of the bus (PW-4) and other members of the raiding team. After closure of the evidence of the prosecution's witnesses, the appellants were given opportunity to explain the circumstances emerging against them in accordance with the requirement of the Sec. 313 of the Cr.P.C. They denied the circumstances, which, according to the trial court, were against them.