VINOD DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Bimlesh Kumar Pandey, the learned Advocate for the appellants and Mr. Abhimanyu Sharma, the learned APP for the State.

(2.) The appellants have been convicted under Ss. 20(b)(ii)(C) and 23(c) of the N.D.P.S. Act, 1985 ("the Act" in short) vide judgment dtd. 22/7/2021. By order dtd. 26/7/2021, they have been sentenced to undergo RI for 15 years for each offence separately, to pay a fine of Rs.One lakh for each offence and in default of payment of fine to further suffer SI for one year for each default.

(3.) Shri Ram Kumar, an officer of the S.S.B., received secret information on 18/9/2018 that two persons are coming to India with narcotics in huge quantity and they are likely to cross the border sometimes around 7:30 PM on the same day. This information was communicated to his senior officer, viz., Commandant Rajesh Tikku, who constituted a team to lay a seize which included Shri Ram Kumar as well. Two independent persons were chosen as witnesses in advance. They are Gautam Sah and Ram Janam who have been examined at the trial as PWs. 6 and 5 respectively. Since there was prior information to Shri Ram Kumar, the testing kit and weighing machine was also carried by the team. Two persons, viz., the appellants were found coming from Nepal side who had just crossed the border. They were apprehended. They were found to be in possession of a bag containing 12 packets of narcotics which tested positive for charas, a contraband. Samples were drawn in presence of Rajesh Tikku who, apart from the Commandant of S.S.B. was also a Gazetted Officer. The samples and the rest of the seized narcotics were sealed; the appellants were arrested and the case was lodged.