KRISHNA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The appellant who was sole accused in Excise Case No. 8/37 of 2002 has been convicted under Section 23 of N.D.P.S. Act and sentenced to undergo R.I. for ten years and pay fine of Rs. 1,00,000/- and. in default to undergo R.I. for one year.

(2.) PROSECUTION story in brief is that on the basis of secret information a team led by Mr. V.K. Sinha, Superintendent of Customs, Motihari was formed to nab drug smugglers. The team, on 5.2.2002, laid a trap near Lakhaura, intercepted a jeep bearing No.NL-04 of 1643 and after hot chase and firing it was made to stop near Chaura Danu Railway crossing. The driver of the jeep (appellant) tried his best to escape but ultimately he was caught by the team.

(3.) IN course of the trial, prosecution examined as many as 11 witnesses including the complainant as P.W.1 and witness of seizure as P.W.10 Sanjay Pandey. Other witnesses are officials and constables of Custom Department.