PRATIBHA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (DB) No. 521 of 2014 wherein Pratibha Devi is the appellant and Cr. Appeal (DB) No. 721 of 2014 wherein Md. Anamul Haque is the appellant, commonly originate against the judgment of conviction dated 11.6.2014, whereby and where under both the appellants have been found guilty for an offence punishable under sections 20(b) & (c) of the N.D.P.S.Act and further appellant Md. Anamul Haque has been directed to undergo rigorous imprisonment for 10 years as well as to pay fine appertaining to Rs. 1 lac, in default thereof to undergo rigorous imprisonment for six months additionally, while the appellant Pratibha Devi has been directed to undergo rigorous imprisonment for 15 years as well as to pay fine appertaining to Rs.1.5 lacs, in default thereof to undergo rigorous imprisonment for one year additionally, with a further direction to run the sentences concurrently along with setting of the period of the detention since before in terms of section 428 of the Crimial P.C. vide order dated 16.6.2014 relating to Sonepur (Hajipur) Police Station Case No. 1 of 2010 by the Special judge, N.D.P.S. Act, Vaishali at Hajipur, on account thereof, have been heard together and are being decided by a common judgment.

(2.) Ramesh Singh (PW 3), S.I. of the R.P.F., on getting confidential information with regard to transportation of narcotic drugs illegally, he along with Akhilesh Singh (PW 2), Santosh Kumar Singh (PW 7), constable Ranjit Kumar Singh (PW 8), after informing the inspector R.P.F. Hajipur, Akhilesh Singh (PW 2) came at Hajipur Railway station where he met with informer who pointed out one lady and two gents who, at that very moment, were sitting at Platform no.1 beneath a Peepal tree. Accordingly, they began to keep watch over them. As soon as the lady got up and lifted a bag along with her associates, they were apprehended and queried. During course thereof, they did not disclose correctly and on account thereof, her bag was checked wherefrom 10 packets Charas, each weighing 500 grams, approximately 5 kilograms was seized. They were not at all possessing valid ticket nor could they show any valid document relating to their stay at that very place.

(3.) Accordingly, PW 3 recorded his statement to this effect, addressed to Akhilesh Singh (PW 2) and tendered the seized articles, the three aforesaid accused, whereupon PW 2 endorsed and further forwarded the same to the local GRP whereupon, Sonepur (Hajipur) Rail Police Station Case No. 1 of 2010 was registered under sections 20/22 of the N.D.P.S.Act. Thereafter, as is evident the investigation was taken up and after concluding the same, charge sheet was submitted whereupon, after taking cognizance, the record was transferred to the court of learned Special judge. The trial court ultimately identifying these two appellants guilty for the offences as indicated above, acquitted co-accused Ranjan Kumar. Hence this appeal.