LAKHVINDAR SINGH AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appellants have been convicted under Section 20(b)(i) and Section 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the Act') and sentenced to undergo rigorous imprisonment for 10 years each with a fine of Rs. one lac, in default of payment of fine, simple imprisonment for four years under both counts. However, the sentences have been ordered to run concurrently.

(2.) The prosecution case in short is that on 13.2.2002 a complaint petition was filed in the Court of District & Sessions Judge-cum-Special Court N.D.P.S. Act, Katihar, on behalf of Union of India, Ministry of Finance, Department of Customs through A.D. Hembram, Inspector, Customs (P) Katihar against four accused persons including the appellants. Out of the four, trial of accused Trilok Singh was split up by order dated 24.2.2003 and the case proceeded against three persons. According to the complaint petition, in course of preventive checking by the officials of the Department on 3.2.2002 at Fulwaria Gerabari on N.H. 31a truck bearing registration No. AS-25/B-4087 was stopped and the Preventive Officer went near the truck and disclosed their identification and explained the reason for stopping the truck. It has been stated that three persons were sitting in the truck including the driver and on enquiry they disclosed their names and addresses. They further disclosed that they were coming from Tinsukia and going to Jalandhar. The said truck was loaded with green ginger. In the formal checking some suspicion arose and the officers conducting checking found some smell of ganja from beneath the green ginger loaded on the truck. The members of the checking party wanted to check the truck throughly and the Preventive Officer gave option to the occupants to get the search in presence of any Magistrate or Gazetted Officer to which they denied and requested the search being made at a safer place as it was late night. At the request of the occupants the searching party brought the truck along with the driver, khalasi and other occupants to the Custom Office, Katihar for thorough search. At the Office two independent persons of the locality were called and requested to be present during the check up of the truck along with the driver and khalasi They agreed thereto and thus truck was searched in presence of the independent witnesses. During the course of checking of the same some packets of contraband ganja were found which were concealed beneath the green ginger bags and the packets of ganja were 24 in number. The said 24 packets were weighed and found to be 212.700 Kgs. worth Rs. 4,25,400/- (Four lacs twenty five thousand and four hundred) only. The said ganja was seized along with green ginger found in the aforesaid truck along with the papers which were in the said truck and the driving licence of the driver in presence of the independent witnesses. The driver and khalasi were present there. The panchanama and seizure list were prepared. Thus driver and khalasi (the accused persons) put their signatures over the same. The samples of the seized ganja were taken in presence of the independent witnesses and the occupants of the truck for the chemical test. The accused gave their voluntary statement and they confessed their guilt. They were also interrogated by the Superintendent, customs, Katihar and in the same they also confessed and disclosed all the facts. Thereafter all the three accused were arrested and along with the complaint petition were produced in the Special Court, Katihar and they were forwarded to judicial custody. The complaint was filed after obtaining the necessary sanction from the authorities.

(3.) On 25.2.2003, charges against three accused persons were framed which they denied and claimed to be tried and thus the trial proceeded.