SHANKAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is arising out of the judgment of conviction dtd. 22/2/2023 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 24/2/2023 (hereinafter referred to as the 'impugned order') passed by learned Additional Sessions Judge-III, Muzaffarpur (hereinafter referred to as the 'learned Trial Court') in NDPS Case No. 18 of 2019 arising out of NCB Case No. 12 of 2019.

(2.) By the impugned judgment, the learned trial court has been pleased to convict the appellants for the offences punishable under Ss. 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') and ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.2,00,000.00 each under Sec. 20(b)(ii)(c) of the NDPS Act. For the offence under Sec. 29 NDPS Act, they have further been ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.2,00,000.00 each. In case of default of payment of fine, they have to further undergo additional two and half years rigorous imprisonment. Both the sentences are to run concurrently.

(3.) The prosecution case as alleged is that on 8/5/2019 at about 09:00 AM, the informant, namely, Amar Shankar (PW-4) got a secret information that one oil tanker with Registration No. AS-17B-7231 is coming from Tripura via Guwahati, Siliguri and Purnea to Muzaffarpur carrying ganja in bulk quantity which is expected to arrive Purnea at about 18:00 O'clock. On receiving this information, a seven-member team of NCB was constituted. On 8/5/2019 at about 11:00 Hours, they left Patna with seizing kit and reached Gulab Bagh Chauraha, Purnea at about 17:30 Hours. At about 18:30 Hours, one white colour oil tanker with Registration No. AS-17B-7231 came from Dalkhola and was heading towards the road to Darbhanga. At about 22:30 Hours, the tanker reached Simrahi Bazar, Supaul, one person boarded the tanker there and the tanker moved further. The team also followed them to arrest other persons also who were involved in smuggling. On 9/5/2019 at about 06:00 AM, they reached Yadav Chauk, Muzaffarpur where two persons, namely, Ramlal Sah and Nageshwar Paswan were made independent witnesses. One more person reached the tanker and when he was boarding the same, the team stopped them and the persons on the tanker disclosed their names as Sandeep Kumar, Kuldeep Singh, Manoj Sah and Shankar Das. They all accepted that there is ganja in the tanker. On the same day at about 07:00 AM, the team along with the independent witnesses, oil tanker and the four persons reached Abkari Thana, Chhatachauk, Muzaffarpur where following the procedures of Sec. 50 of the NDPS Act, the four accused persons were searched in presence of the independent witnesses from whose possession, nothing incriminating material could be found. From the tanker, 55 packets each weighing 10 kgs total weight 550 kgs of ganja was recovered, some portion of which was sent for examination.