MANSOOR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ali Muqtadin Ahmad, learned counsel for the appellant and learned APP for the State Mr. Abhay Kumar.

(2.) The present appeal has been filed under Sec. 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the judgment of conviction and order of sentence dtd. 24/10/2008 passed in Sessions Trial No. 21 of 1996 in connection with Sikta (Kangali) P.S. Case No. 06 of 1994 passed by the learned Additional District and Sessions Judge, F.T.C- I, West Champaran, Bettiah, whereby and where under the appellant has been convicted under Ss. 20-B(ii), 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1995 (hereinafter referred to as the 'Act') and has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.1,00,000.00 and in default of payment of fine further imprisonment for 3 months simple imprisonment for the offence under Sec. 20-B(ii) of the Act and further 10-10 years rigorous imprisonment and fine of Rs.50.0050 thousand and on account of non-payment of fine further 6 months, each of simple imprisonment for the offences under Ss. 22 and 23 of the Act and both shall run concurrently.

(3.) The case of the prosecution in brief, is that on 21/1/1994 at about 15:00 hours, the informant got information that police is coming for the search and due to fear of police Mansoor Alam, Amanullah Mian and Parvej Alam were fleeing away from the house of Mansoor Alam to conceal a basket. It is further alleged that informant along with Asnarfi Firoj Alam and Ajim caught them near the road. In the meantime, Officer-incharge of Kangli Police came there and in the presence of witnesses 16 kg of charas were kept in a plastic bag was handed over to the police. On the basis of same, the aforesaid case was instituted on 22/1/1994 at about 10:15 hours against the appellant and two other accused persons.