ASHOK SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant, Ashok Sah has been found guilty for an offence punishable under Sections 22 (C) of the NDPS Act vide judgment dated 30.03.2012 and sentenced to undergo RI for 10 years as well as also slapped with fine appertaining to Rs. 1 Lac in default thereof, to undergo SI for two years additionally vide order dated 31.03.2012 by the

(2.) ND Additional Sessions Judge -cum -Special Judge, NDPS Act, West Champaran at Bettiah in Shikarpur P.S. Case No. 281/2006, G.R. No.2757/2006, Trial No. 08/2007 has challenged the same by preferring instant appeal. 2. PW -8, Satyendra Prasad Singh, Officer -in -charge of Shikarpur P.S. recorded his own fard -e -beyan on 20.06.2006 at about 3:00 p.m. at Shikarpur disclosing therein that on the same day at about 10:00 a.m., he received a confidential information with regard to transportation of Ganja over Swaraj Tractor & trailer having no registration number scribed over the Tractor or trailer towards Mathura Chowk and on account thereof, a raiding party was constituted and reached at Pirahi Road crossing Mathura chowk. At about 11:30 a.m., they arrived at Khairwa Chowk and found one tractor coming from Pirari Road having no registration number over which he signaled to stop. Seeing the police personnel, 4 -5 persons who were sitting jumped and ran away. Putting the tractor and driver under custody of both the Chaukidaars, they chased but could not succeed to apprehend. Then thereafter, he took the tractor and trailer to the P.S. The Dy. S.P. was also informed and after arrival of the Dy.S.P. as well as in presence of two seizure list witnesses who along with others have assembled at the P.S. got the sheet of trailer opened whereupon so many bundles of Ganja were found. On counting, it was 57 in number. On being weighed, it happens to be 5 Quintal 10 Kilograms. The whole event was videographed. The driver was interrogated but he could not explain the same nor he had produced the relevant document concerning Ganja. The driver further disclosed that the persons who managed to escape were smugglers who were engaged in carrying the aforesaid Ganja. Seizure list was accordingly prepared.

(3.) THE defence case as is evident from mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C is of complete denial of occurrence. In an alternative shown his status as a bona fide passenger who took lift during midst of way having no knowledge regarding presence of Ganja concealed in trailer and on account thereof, shown his ignorance.