KALAMUDDIN & ANR. Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) This appeal arises out of the judgment of conviction and order of sentence dated 10.03.2015 and 17.03.2015 passed by Sri Prabhakar Mishra, the learned IIIrd Additional Sessions Judge, West Champaran, Bettiah, in Sessions Trial No. 56 of 2010 (arising out of Bhangaha P.S. Case No. 10 of 2010) by which the appellants had been convicted for offence under Sections 20(b)(ii)(c), 22(c) and 23 (c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years each and to pay fine of Rs. 1,00,000.00 each and in default of payment of fine further sentenced to simple imprisonment for two years and both the sentences were run concurrently.

(3.) The prosecution case as alleged in the written Report by the informant Bishal, Assistant Commandant of C. Company Inarwa, he got secret information on 16.04.2010 that some persons were going to enter into the boundary of Territory of India from Nepal with Ganja at pillar no. 425/19. On the said information, he constituted two teams; Inarwa Company and Nagar Delhi and closed the border by Nakas. At 4.00 A.M. some persons with articles kept in their bags entered into territory of India and when they reached near the raiding party then they learnt about Naka then they tried to flee away towards Nepal, but the Naka Party chased and caught two persons loaded with Ganja on their bags but rest were managed to flee away taking advantage of darkness and bushes to Nepal. Thereafter, on search, 8 bags were recovered from the place which was thrown away by the fleeing persons. Two persons who were apprehended disclosed that articles which were seized are Nepali Ganja and they were taking the Ganja to Puraina village in the house of Zulfikar. The articles were weighted 165 Kilogram Ganja contained in ten bags and persons apprehended disclosed their names as Gaurishankar Giri and Kalamuddin who are the appellants.