BINDESHWAR RAM AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been heard together and are being disposed of by this order as both arise out of same judgment passed in special case No. 7 of 2009/Birpur P.S. Case No. 97 of 2009 by Sri K.G. Dwivedi, Additional Sessions Judge l -cum -Special Judge, Saharsa, by which the appellants have been convicted under Ss. 20, 20(b) and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act') and have been sentenced to undergo rigorous imprisonment for ten years under Sec. 20(b) of the Act, ten years for offence under Sec. 23 of the Act with a fine of rupees one lakh each for offence under Sec. 20(b) of the Act and fine of rupees one lakh each for the offence under Sec. 323 of the Act and in case of default in payment of fine, the appellants shall undergo rigorous imprisonment for three years. The prosecution case, as alleged by the informant, Dinesh Kumar, Assistant Commandant of 18th Battalion, Sashastra Seema Bal, who was deputed along with other members of Sashastra Seema Bal for the vigilance at Indo -Nepal border, received secret information that huge of quantity of ganja is about to enter into the territory and, then, it was found that about 10 -12 persons with plastics bag on their head coming towards Birpur and when they entered in the Indian territory, near pillar No. 206/04, they were surrounded and apprehended and they disclosed their names and the ganja was seized from their possession and seizure list prepared along with other articles. However, the production -cum -seizure list prepared with regard to all the persons and only one seizure list has been prepared. Nine gunny bags recovered from their possession were presented before the magistrate, which has been marked as exhibit -2. However, the recovery made from the possession of ten accused persons, apprehended, but, only one production -cum -seizure list has been prepared.

(2.) After fardbeyan, first information report has been lodged, investigation proceeded and charge sheet submitted. After submission of the charge sheet, cognizance taken and charge framed.

(3.) During the trial, ten witnesses were examined. P.W. 1 is Dinesh Kumar, the informant, P.W. 2 is Md. Nezamuddin, who has proved the signature on the seizure list, P.W. 3 is Vipin Kumar Katara, a member of the raiding party, who has come to depose that the seized ganja weighed and eight packets contained 32 kg and one packet contains 16 kg and in all there was 272 kg of ganja. He has also deposed that the accused persons were also searched in person and he has, further, deposed that packets of ganja were weighed and again sealed in the same packet. P.W. 4 is Maqsood Alam Asharfi, officer -in -charge, Nauhatta police station and has stated that production -cum -seizure list was prepared by him and the seized article was sealed though have stated that he has not separately sealed the packets. P.W. 5, Ramveer Singh, is constable and was member to the raiding party. P.W. 6 is Ramchandra Sah, who is a witness of the production -cum -seizure list. P.W. 7 is Suball Singh, Assistant Commandant, Sashastra Seema Bal, 18th Battalion, has come to depose that he handed over the seized article and the accused persons to the officer -in -charge. P.W. 8 is Krishna Lal, Sub Inspector of Police, member of raiding party. P.W. 9 is Veer Singh, Havildar, posted in 18th Battalion of Sashastra Seema Bal and a member of the raiding party supported the case and seizure of ganja. P.W. 10 is Rajeshwar Prasad Singh, the investigating officer, and has come to depose that he has taken the sample for sending the forensic science laboratory.