KASHI RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of the judgment of conviction dated 29.01.2015 and order of sentence 30.01.2015 passed by Sri Jitendra Kumar dubey, the learned Additional District and Sessions Judge-Vth, West Champaran, Bettiah, in Trial No. 57 of 2010, Subhadra P.S. Case No. 33 of 2010/N.D.P.S.Case No. 36 of 2010 by which the appellant had been convicted for offence under section 20 C of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/- and for non-payment of fine further sentenced to undergo imprisonment for one year. Further convicted for offence under section 22 C of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/- and for non-payment of fine further sentenced to undergo rigorous imprisonment for one year and further convicted for offence under section 23C of N.D.P.S. Act and payment of fine of Rs. 1,00,000/- and for non-payment of fine further sentenced to undergo rigorous imprisonment for one year. Further ordered, all the sentences to run concurrently.

(3.) The prosecution case as alleged in the First Information Report that the informant Chakpu Tamar along with Officers of S.S.B, B.O.P while patrolling in the night at Pillar No. 433/78, got information about smuggling of Ganja through the way and so they wait at Pillar No. 433/78 keeping watch over it. At about 1.00 A.M. in the night they heard sound that some persons coming from Nepal through the way and when they came in their range, the informant asked them to stop, but they were taking advantage of darkness of night, started fleeing away thrown away articles which were carrying from their gunny bags. On chase of Nakka party, one person caught hold by them and on asked, he disclosed his name as Kashi Ram. Thereafter, Nakka party called two persons namely Hardayal Singh and Gomar Sora as independent witnesses and in their presence 22 plastic packets of Ganja was recovered which was left by the persons who were fleeing away and total weight of seized Ganja was about 397 kilogram. The arrested person discloses his name as Kashi Ram and he did not able to produce any paper so he was apprehended. Seizure list was prepared.