RAM PUKAR RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of the judgment of conviction dated 30.04.2015 and order of sentence dated 02.05.2015 passed by Shri Prabhakar Mishra, Additional Sessions Judge -III, West Champaran, Bettiah, in Sessions Trial No. 9 of 2011 (arising out of Bhangaha P.S. Case No. 22 of 2010) by which the appellant had been convicted for offence under Sec. 20(ii)(b)(c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/ -. Further convicted for offence under Sec. 22(c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/ -. Further convicted for offence under Sec. and 23(c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/ - and in default of payment of fine further sentenced to undergo simple imprisonment for two years. Further it has been ordered all the sentences shall run concurrently.

(3.) The prosecution case as alleged that while the informant Deputy Inspector K.H. Sonamani Singh was on patrolling duty along with Head Constable Pranab Handique(P.W. 4), Constable Mubapa H. Ram P.W. 5, Constable Ataybir Singh P.W. 2 and Constable Sheshmani Patel P.W. 6 reached border at Pillar No. 425/5, they got information that two persons trying to cross the border with some objectionable materials then the patrolling party asked to stop the motorcycle coming from Nepal at Pillar No. 423 but they did not stop and one Jawan chased and motorcycle overtake near Pillar No. 423 and asked to stop. The accused persons kick of motorcycle of the Jawan by which Jawan fell down in consequence also pillion rider of the accused person also fell down with gunny bag containing Nepali Charas. The said gunny bag was seized which contained 27 packets of Charan total 11.5 Kg. Charas. Seizure list was prepared. However, the accused person driving the motor cycle flee away where one person fell down caught with Charas in gunny bag disclosed his name as Ram Pakur Ram and disclosed the name who was driving the motorcycle as Lal Mohhamad.