UMESH MANJHI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the Union of India.

(2.) THESE two appeals have been heard together and disposed of by the common order as both arise out of the common judgment passed by Sri Shambhu Nath Tiwari, learned 6th Additional Sessions Judge, Muzaffarpur in Trial No. 06 of 2011 arising out of Custom Case No. 05 of 2003 -04 by which the appellants have been convicted under Sections 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act and to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ - (one lack) and in default of payment of fine the defaulting convicts have further to undergo rigorous imprisonment for two years with further direction that the period already undergone as under trial prisoner will be set off as per law.

(3.) THE prosecution case as alleged in the complaint is that on secret information about a trafficking of Ganja a team was constituted and rushed to Taraiya Nahar (Canal) on 10.04.2003. On 11.04.2003 at about 0455 hours, as sound of motorcycle was heard followed with an appearance of a motorcycle on the spot and a call was given to stop the motorcycle. The person driving the motorcycle stopped and tried to turn motorcycle backwards but having found that they were surrounded by the raiding party the two persons on motorcycle, i.e., the driver and the pillion rider tried to flee away. However, both were caught after chase. The pillion rider was caught on chase of about 10 meters and the person driving the motorcycle was caught on chase of 200 meters. The motorcycle was found to be Rajdoot bearing Reg. No. BR04A/7753. The goods loaded on motorcycle appeared to be Ganja and it was disclosed by the accused persons who were apprehended that they were taking Ganja on motorcycle from village Bishambhara, P.S. -Harsiddhi, Distt. East Champaran to village Laganpura of P.S. Bheldi.