ANWAR KHAN Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner, Mr. Manoj Kumar Singh, learned counsel for the Union of India and Smt. Abha Singh, learned counsel for the State.

(2.) This appeal arises out of a judgment of conviction dated 28.11.2014 and order of sentence dated 29.11.2014 passed by the learned 2nd Additional District and Sessions Judge, West Champaran, Bettiah in Trial No.33 of 2008 arising out of Kista P.S. Case No.38 of 2008, whereby the appellant has been held guilty under sections 20(b)(ii)(C), 22(c) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for ten years under each of the sections and fine of rupees one lac under each of the sections and in case of non-payment of fine, he has been ordered to further undergo simple imprisonment for one year under each of the sections, and all the sentences have ordered to run concurrently.

(3.) According to the prosecution case, on 24th June, 2008 at about 6.45 a.m. while the informant Amit Singh, Assistant Commandant, 27th Batallion, SSB "B" Company, Sikta along with Head Constable Gunamani Handrik was on evening patrolling duty and was coming from Sikta Bazar Border Chowk towards Company Head Office, he saw a person aged about seventy five years silently coming towards Border Chowk under torn umbrella from the side of village Purainiya, who was stopped in between pillar no.408/2 and 409 and, on search, six packets tied with his waist and two packets tied with his thigh containing Charas like substance were recovered, and the same was confirmed as Charas on verification by Narcotics checking kits at the police station, in respect of which, he could not give satisfactory explanation and, on query, the apprehended person disclosed his name as the appellant Anwar Khan.