PRAMOD YADAV Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the State.

(2.) THIS appeal is directed against the orders, dated 31.03.2012 and 17.12.2014, by which the conviction has been recorded under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as, "the Act") and the appellant has been sentenced to undergo rigorous imprisonment for ten years and, a fine of rupees one lakh and in default of payment of fine to undergo simple imprisonment for two years. However, peculiar situation has arisen in case that the appellant remained convicted under Sections 20(b)(ii)(c), 23 and 29 of the Act, but, he was sentenced by order, dated 31.03.2012, itself, for the period undergone in custody to meet the ends of justice. However, the order of sentence, dated 31.03.2012, by which a sentence of period undergone had been challenge in Government Appeal (D.B.) No. 16 of 2013 challenging the order of sentence for the period undergone on the ground that the appellant was convicted under Section 20(b)(ii)(c) of the Act for having been found in his possession carrying 60 Kg. of ganja in ten packets, which is commercial quantity and the High Court by order, dated 29.08.2014, set aside the order of sentence for the period undergone on the ground that sole respondent was taken in custody on 07.07.2008 and released by order, dated 31.03.2012 as he remained in custody for less than four years whereas the minimum sentence provided for offence under Section 20(b)(ii)(c) of the Act is ten years with a direction to the sole respondent, i.e., the appellant, to appear before the trial Court on 31.10.2014 when the trial Court shall pass an appropriate order and by virtue of this order, dated 29.08.2014, passed in Government Appeal No. 16 of 2013, the appellant appeared before the trial Court and the trial Court by it's order, dated 17.12.2014, sentenced the appellant to undergo rigorous imprisonment for ten years and further in default of payment of fine to undergo simple imprisonment for two years, hence, the appellant has challenged the order of conviction recorded by the order, dated 31.03.2012, passed by the Additional Sessions Judge, V, Muzaffarpur, in D.R.I. No. 4 of 2008, which is under challenge along with the order, dated 17.12.2014.

(3.) P .W. 1 is Indradeo, Havildar, D.R.I., Muzaffarpur and supported the prosecution case about the apprehension of appellant by the team constituted on the railway platform when the appellant got down from Sapt Kranti Express Train, in bogey No. 05279 (S -12) and was apprehended with two trolley bags, one hand bag and one cotton bag. P.W. 2 is Shivendra Satyarthi, the complainant. He has also supported the prosecution case regarding the receipt of the information and the matter reported to the senior officer and on his direction team constituted and appellant was apprehended while getting down from the train along with two trolley bags, one hand bag and one cotton bag and Nepali ganja recovered for which the seizure list prepared as well as the representative samples taken and after due formalities the same was kept in the godown of Custom Department, Muzaffarpur. P.W. 3 has also submitted that the samples were taken from all the packets as per his evidence in paragraph 7. P.W. 4 is Babu Lal Paswan, D.R.I., Muzaffarpur, who supported the prosecution case about the raid and recovery of 60 Kg. of Nepali ganja in ten packets. P.W. 5 is Ravi Kumar, who has also supported the prosecution case regarding the raid and recovery and apprehension of appellant with four bags containing ganja. P.W. 6 is the Inspector, Railway Protection Force, Motihari, who has also supported the prosecution case regarding recovery of ganja. P.W. 7 is Narendra Kumar, Inspector -cum -Godown In -Charge, Custom, Muzaffarpur, and has proved the proforma in the writing of Shivendra Satyarthi, which is the inventory deposit by Shivendra Satyarthi in the godown. He has also proved godown entry No. 18 at page 83 of the register, dated 08.07.2008, and also proved the certification papers, dated 15.01.2009, at serial No. 18 of the register mentioning the articles, seized, and certificate of Mr. Sandip Mishra, which has been marked as Exhibit 11 and also the packets which contained 25 grams samples taken from the four bags.