DINESH KAPAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed from jail.

(2.) The appellant has been convicted under Section 23 of the Narcotic Drugs and Psychotrophic Substances Act, 1995 (in short 'the Act') and sentenced to undergo RI for 12 years with a fine of rupees one lakh twenty five thousand. In default of payment of fine, appellant has been further directed to undergo RI for three years.

(3.) The prosecution case in short is that acting on a tip off, the Customs Officials headed by Sri B.K. Srivastava, Custom Inspector raided the "Sadbhawana Express" at Raxaul Railways Station. While search was being conducted by the Customs Officials, two passengers, namely, Bhutan Chaudhary and the appellant Dinesh Kapar started fleeing away from the place of occurrence who were apprehended after chase. They also disclosed the name of co-accused Raju Kurmi who was also arrested later .on. On search from the person of the appellant two kilograms of charas was recovered and seized. The complaint case was filed by the Customs Inspector and the case was thus registered. After investigation charge-sheet was submitted against all the three accuse persons including the appellant. Cognizance was taken and the case was committed to the Court of sessions for trial. After completion of trial, all the appellants including the present appellant were convicted and sentenced in the manner as described above.