KARTIKYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Din Bandhu Singh, learned Advocate for the appellant/ Kartikyan @ Kartikeyan @ K. Karthikkeyan, who has been convicted under Sec. 20(b)(ii)(c) of the NDPS Act, 1985 vide judgment dtd. 20/8/2018 passed by the learned Additional Sessions Judge-Ist-cum-Special Judge, NDPS Act, Begusarai in NDPS Case No. 18 of 2016, arising out of Matihani P.S. Case No. 137 of 2016. By order dtd. 24/8/2018, has been sentenced to undergo RI for 12 years, to pay a fine of Rs.1.00 lakh and in default of payment of fine to further suffer RI for 2 years. The State has been represented by Mr. Abhimanyu Sharma, learned APP.

(2.) The appellant/ Kartikyan @ Kartikeyan @ K. Karthikkeyan, who has been assessed to be of 36 years at the time of delivery of judgment, is said to be the owner and driver of a twelve-wheeled truck bearing Registration No. KA-02AA-5151 which was intercepted on 30/10/2016 at about 5:30 in the morning and from which vehicle, 37 packets of Ganja, each weighing 11.5 kgs, was recovered.

(3.) According to the prosecution version, viz., the FIR, which was lodged on the basis of self-statement of Sunil Kumar, Sub Inspector of Police (PW-1), he along with the police team had been on patrolling duty from 11:00 PM onwards on 30/10/2016. At about 2:00 O'clock in the morning, he received a secret information about the possibility of some vehicle crossing the area with narcotics. Since it was in the wee hours, the information was given by PW-1 to the Superintendent of Police, Begusarai, who telephonically constituted a police team under the supervision of one Md. Kalamuddin (not examined). While the raiding team was waiting at Maniyappa-Rampur, Patel Chowk, a truck bearing registration No. KA-02AA-5151 was spotted coming from Maniyappa direction. Seeing the police party, the driver jumped out of the vehicle but was arrested on the spot. He disclosed his name as that of the appellant. He also admitted that the truck belonged to him and that he had been driving the vehicle from Tripura. He was served with a notice under Sec. 50 of the NDPS Act, 1985, intimating him of Miranda Rules of his choice of being searched in presence of a Magistrate, to which he responded that he wished to be searched in presence of the Magistrate.