NIZAM MIAN @ NIZAMUDDIN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Nizam Mian @ Nizamuddin Mian and Ranjan Kumar have been found guilty for an offence punishable under Section 22(C ) of the N.D.P.S. Act and further each of them has been directed to undergo rigorous imprisonment for ten years as well as also sentenced with a fine appertaining to Rs. One lac in default thereof, to undergo simple imprisonment for two and half years vide judgment of conviction dated 18.01.2012 and order of sentence dated 23.01.2012 passed by the Second Additional Sessions Judge, West Champaran, Bettiah in Trial No.33 of 2009 and on account thereof, has been challenged under instant appeal.

(2.) PW -3 Mirtunjay Jha, a Sepoy posted at Rail P.P. Motihari gave his fard -bayan on 01.08.2009 at about 10.15p.m. at platform no.1 of Bapu Dham Motihari Railway Station disclosing therein that he along with Constable Krishna Ram, Murari Singh, Arvind Kumar Singh were deputed at Chakia Railway Station and for that they were waiting for train. At about 8.20p.m. Awadh Express (9039 Down) came at platform no.1. Then thereafter he had received confidential information from an informer regarding presence of two smugglers carrying 'Ganja' in coach no.B/1 AC -III Tier over which he along with other constable gone inside the bogie and found two persons sleeping over birth no.17 and 23. No other passengers were present in the bogie. He had further found beneath birth no.17, 20, 23, two big attaché, air bag and three cartons were kept. He checked all of them and found 'Ganja'. Thereafter, he awaken both two persons and enquired from them with regard to articles which they claimed. Hence, he informed Officer -in -charge through Constable Arvind Singh, whereupon they came, enquired about identity of both two passengers who disclosed his name Nizam Mian as well as Ranjan Kumar respectively and further claimed the articles. Also confessed that they were carrying 'Ganja' from Narkatiaganj to Muzaffarpur at the instance of one Mumtaj Mian, for which they were paid Rs.5,00/ -. The aforesaid articles were seized and for that seizure list was prepared in presence of Vishambhar Mahto and Kishori Lal. The total weight of seized 'Ganja' happens to be 85 kilograms.

(3.) FROM the mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C., the defence of appellants happens to be complete denial of the occurrence as well as of false implication.