GUDDU KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - Heard learned counsel for the Appellant and learned counsel for the respondent.

(2.) The sole Appellant has been convicted under Sec. 20 (b) (ii) (c) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 15 years and a fine of Rs. 1,50,000.00 and in default of payment of fine, he is to undergo 3 years rigorous imprisonment passed by the Additional Sessions Judge-VIIth, Patna vide judgment and conviction dated 29.06.2010 and 06.07.2010 respectively in Special Case No. 04 of 2008 arising out of Bakhtiyarpur Rail P.S. Case No. 03 of 2008.

(3.) The case of the informant, Nigam Kumar Verma, P.W.2, who was an Officer-In-charge of Railway Station Bakhtiyarpur P.S., is that on the date of occurrence at about 11.00 pm. in course of a general inspection, he found the Appellant standing on the platform in a suspicious condition with three bags. On enquiry, he was unable to produce railway ticket at which his bags were checked and it was found full of Ganja. He confessed that he was carrying Ganja. The bags were weighed at the Railway Station and found to be containing 10 kgs., 15 kgs. and 5 kgs. of Ganja respectively totalling to 30 kgs. He stated that he prepared the seizure list and filed the First Information Report.