PAPPU KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Pappu Kumar Mandal has been found guilty for an offence punishable under Section 20 of the NDPS Act vide judgment dated 31.10.2013 and sentenced to undergo R.I. for ten years as well as also fined of Rs.1,00000/- in default thereof to undergo R.I. for two years vide order dated 12.11.2013 passed by Ist Additional Sessions Judge-cum-Special Judge under NDPS Act, Khagaria in Special Case No.02 of 2010 arising out of Naugachhia Rail P.S.Case No.09 of 2010.

(2.) The case of the prosecution in brief as per self statement of ASI Bhagwan Prasad Singh(P.W.2) drawn on 31.03.2010 is that during course of escort of 322 Dn. along with police personnel they have perceived suspicious activity of a passenger who attempted to conceal a bag and Jhola over which he was interrogated. He disclosed his identity as Pappu Kumar Mandal. On query with regard to bag and Jhola, he became perplexed and tried to flee. In presence of escort party, the bag and Jhola was searched. From bag three packets of ganja was recovered while from Jhola one packet of ganja weighing total 20 K.G. was recovered. He had further confessed his guilt that he was carrying the same on being provided at Nepal.

(3.) On the basis of the aforesaid written report, Naugachhia Rail P.S.Case No.09 of 2010 was registered under Section 20 and 22 of the NDPS Act and investigation was taken up whereupon chargesheet was submitted and accordingly, the appellant faced trial getting with ultimate result, the subject matter of instant criminal appeal.