MOJAMIL BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Mojamil Baitha, who has been found guilty of an offence punishable under Sec. 23(C) read with Sec. 29 of the N.D.P.S. Act and directed to undergo R.I. for ten years as well as fined Rs. 1,00,000.00 in default thereof, to undergo S.I. for six months additionally by the 1st Additional Sessions Judge-Cum-Special Judge, N.D.P.S., East Champaran at Motihari vide judgment of conviction and sentence dated 28.04.2011 in N.D.P.S. Case no.52 of 1984, had challenged the same by way of instant appeal.

(2.) On 16.07.2003, Durga Bahadur Sonar (PW-6) filed written report stating therein that on the same day while patrolling was going on at Village-Pantoka near pillar no.393, a bicycle ridden passenger came from Nepal, crossed the border and accordingly, was interrogated by the patrolling party after signaling to stop. Being suspicious, his body was searched and eight packets of Charas each containing 500gm was found fitted with his body. On interrogation, he had disclosed that he happens to be carrier for Krishna Yadav. The seized material along with accused was produced before the O/c of Raxaul P. S. whereupon production-cum-seizure list was prepared. Raxaul P. S. Case no.81 of 2003 was registered under Sections 20, 23 of the N.D.P.S. Act and investigation was taken up which ultimately ended by way of submission of chargesheeet whereupon the trial commenced and concluded after cognizance, the subject matter of instant appeal.

(3.) Defence as has been pleaded by way of suggestion as well as statement recorded under Sec. 313 of the Crimial P.C. is of innocence as well as false implication.