SUJIT KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against judgment dated 26.4.2011 convicting the sole appellant, Sujit Kumar for an offence punishable under Ss. 20(b)(ii) as well as 23 of the NDPS Act and order of sentence dated 30.4.2011 whereby and whereunder he had been directed to undergo RI for ten years under Sec. 20(b)(ii), R/l for ten years as well as fine of Rs. 1 Lakh in default thereof to undergo S/I for one year under Sec. 23 of the NDPS Act with a further direction to run the sentences concurrently by the Additional Sessions Judge -4th, West Champaran at Bettiah in Special Case No. 1/2007, Tr. No. 1/2008. Ruben Kujur (PW -11) filed a complaint/prosecution report on 24.12.2007 putting an allegation that he was informed by an informer on 16.10.2007 at about 23:00 hours that a vehicle loaded with Nepali Ganja is to cross near Village -Gouripur and accordingly, a Preventive Party under the leadership of Superintendent of Custom was constituted, proceeded towards the Village -Gouripur and ambushed there awaiting for the concerned vehicle. On 17.10.2007 at about 5:00 a.m., one Sumo Tata Victa was seen which was signalled to stop. More than three persons were found inside the vehicle. On checking, nothing was found and then the vehicle was let off. 20 minutes thereafter another vehicle came which was signalled to stop but the driver sped away and on account thereof, was chased. To force the driver to stop the vehicle, custom officials also fired, subsequently thereof, they succeeded to intercept the vehicle in between Manjharpool Road and Gopalpur PS. The driver was apprehended who happened to be none else than the sole appellant, Sujit Kumar. On physical verification nothing was found from the possession of driver. However, from the vehicle 28 big and small packets weighing 188 Kilograms of Ganja was seized. Registration Number of vehicle was also traced out as BR -10F -6800. It has further been disclosed that the narcotic substance were seized in pursuance of Sec. 43 of the NDPS Act along with arrest of the driver, who was produced before the Court.

(2.) Furthermore, on interrogation, the driver divulged his identity as Sujit Kumar son of Nandan Choudhary of Village -Singhpur Majama, P.O. -Narayanpur, Distt. -Bhagalpur whose address is found correct as per verification -cum -follow up action by the Superintendent, Naugachia. Furthermore, the driver divulged Ravindra Singh of Mohalla -Surkhi Kal, P.O. -Bhagalpur, P.S. -Khanjharpur (Near Masjid), Distt. -Bhagalpur to be owner of the seized Victa which has been found incorrect. To ascertain the identity of owner of the vehicle, D.T.O., Bhagalpur has been requested but positive response at his end is awaited. It has also been disclosed that one Pankaj Kumar Choudhary son of Sri Mod Narayan Choudhary, Village -Majambad, P.S. -Bhawanipur, Narayanpur, Distt. -Bhagalpur, at present C/O, Sri Pitambar Jha, ADM, Surbical Mitra (Road) Lane, P.S. -Bhagalpur claimed himself to be the owner of the vehicle and applied for release of the same and for that pleaded that his driver, Niraj Kumar Tiwari had taken the vehicle to M/s. Shankar Motors Service Centre, Patna on 15.10.2007 on account of some sort of mechanical defect. However, the vehicle did not reach to its destination nor the whereabouts of the driver, Niraj Kumar Tiwari is known. The aforesaid Pankaj Choudhary had also informed that with regard thereto he had already lodged Sanha before Chief Judicial Magistrate, Bhagalpur on 17.2.2007 bearing Sanha No. 4213/2007.

(3.) Accordingly, the aforesaid Pankaj Choudhary was requisitioned by the Superintendent Custom (Preventive) Circle, Bettiah on 29.11.2007 whereupon he appeared, gave his statement, submitted the relevant documents. However, driver could not appear. It has also been disclosed that during chemical examination, the report suggests that the contraband goods happened to be Ganja.