BHAIRAV PRASAD MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant, Bhairav Prasad Mahto has been found guilty for an offence punishable under Section 20(b)(ii)(c) as well as 22(c) of the NDPS Act vide judgment of conviction dated 15.02.2012 and sentenced to undergo R.I. for ten years as well as fined rupees one lac in default thereof, to undergo R.I. for two years under both counts with a further direction to run the sentences concurrently vide order of sentence dated 23.02.2012 by Additional Sessions Judge, IIIrd -cum -Special Judge, NDPS, West Champaran at Bettiah in connection with Sikta P.S. Case No. 24 of 2009, hence this appeal.

(2.) BHUWAN Chandra Joshi (P.W. 1), Assistant Commandant of SSB, 27th Battalion had filed written report on 15.06.2009 at about 06:15 PM disclosing therein that while the sepoy were on patrolling in the night, at about 00:30 hours they found so many persons having crossed the border containing goods who were challenged and on account thereof, they, after throwing the articles, began to flee who were chased out of whom Bhairav Prasad Mahto, sole appellant was apprehended. The constable collected the articles having spread over on account of throwing and it weighed 190 Kg. Furthermore, it happens to be a Nepali Ganja. Seizure memo, arrest memo was prepared and the articles along with accused were produced before the police.

(3.) DEFENCE case, as is evident from mode of cross -examination as well as from the statement recorded under Section 313 Cr.P.C. is of complete denial as well as of false implication. However, neither any D.W. nor any kind of document has been exhibited on behalf of appellant.