GANESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal (SJ) No.1307 of 2011 wherein Ganesh Yadav happens to be appellant, Criminal Appeal (SJ) No.1252 of 2011 wherein Sanjeev @ Sanjay Mandal happens to be appellant, Criminal Appeal (SJ) No.1302 of 2011 wherein Md. Ishaque happens to be appellant and Criminal Appeal (SJ) No.2 of 2012 wherein Md. Mahtab happens to be appellant, commonly originate from judgment of conviction dated 20.10.2011 convicting all the appellants including others guilty for an offence punishable under Sections 20(B) of the NDPS Act and sentence dated 24.10.2011 whereby each of them has been directed to undergo RI for 10 years as well as also slapped with fine appertaining to Rs.1 Lac in default thereof, to undergo RI for three years additionally by the 1st Additional Sessions Judge -cum -Special Judge, N.D.P.S, Madhepura in Special Case No. 2/2010 arising out of G.R. Case No.945/2010 and accordingly, have been heard together and are being disposed of by a common judgment.

(2.) INFORMANT , Ajay Kumar (PW 6), Officer -in -charge of Madhepura P.S. recorded his self statement on 21.06.2010 at about 8:50 a.m. at Tekthi Mor disclosing therein that on the same day at about 7.30 a.m. he received confidential information regarding passing of TATA ACE passenger vehicle occupied by smugglers carrying Ganja towards Mathahi Bazar having no registration number affixed thereupon. After recording Sanha, a raiding party was constituted comprising of ASI, Ranjay Kumar Singh, Constables, Bipin Kumar, Amit Kumar, Promod Paswan along with STF personnel. The Incharge of Mathahi police outpost, B.P. Singh was also instructed to arrive at the destination. They reached at Tekthi Mor at about 8:05 a.m. and began to check the vehicle. At about 8:25 a.m. they intercepted the concerned TATA ACE vehicle having been occupied by so many persons. In presence of Rabo Yadav and Balram Yadav, the vehicle was searched and during course thereof, two packets of Ganja were found in a yellow colour bag. Furthermore, 12 packets of bag was also found duly concealed beneath the seat and after weighing of the packets total 117 K.Gs of Ganja was seized thereof. The occupants of the vehicle were interrogated who disclosed themselves as Md. Ishaque, a driver, Md. Mahtab, Nawal Kishore Singh, Sanjeev @ Sanjay Mandal and Ganesh Yadav who failed to account possession of Ganja and were accordingly arrested and on account thereof, Madhepura P.S. Case No. 250 of 2010 was registered under Section 20 of NDPS Act. During course of investigation Sanjeev @ Sanjay Mandal made an extra judicial confessional statement wherein, he had also involved his maternal uncle, Domi Mandal whose house was also searched and Ganja was recovered therefrom, although, he was not present in his house at the time of conduction of raid.

(3.) AFTER registration, the investigation commenced followed with submission of charge -sheet and on account thereof, appellants were put on trial, met with conviction and sentence, hence these appeals.