RAM NARAYAN SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has been convicted for the offences under Sections 21(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "Act") and sentenced to undergo rigorous imprisonment for eight years with a fine of Rs.50,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Section 21(b) of the Act and has further been sentenced to undergo rigorous imprisonment for eight years with a fine of Rs.50,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Section 29 of the Act. However, both the sentences have been ordered to run concurrently.

(2.) The prosecution case, as alleged in the complaint petition filed by the informant, Shailesh Kumar (P.W.5) D coy, 13th BN., SSB, Pantoka, Raxaul is that he received intelligence information that a black coloured Pulsar Motorbike bearing Registration No. BRO -5F -6327 is carrying considerable amount of Heroin from Raxaul to Birganj, Nepal. The information was communicated to his superior and a team of NCB Officials compromising of Vijay Bahadur (P.W.3), Manoj Shankar (P.W.1), Gyan Prakash (P.W.2) all Intelligence Officer of NCB, Patna Zonal Unit, Havaldar R.C. Hembram and Driver B.N. Dinda proceeded for a discrete investigation and had reached at the place of occurrence and on 20.06.2012 at about 2:30 P.M. the information was communicated to the Superintendent, NCB, Patna Zonal Unit, who consented and ordered to work out and thereafter the NCB Team jointly with the SSB Team moved to the said spot and about 4:00 P.M. the said motorbike driven by a man was intercepted near Mai Ka Asthan, Ward No. 13, Raxaul. Thereafter the Officers contacted two persons passing nearby, on asking both the persons disclosed their identity as Deepak Pandit (not examined) and Kanhaiya Das (not examined). Thereafter the Officers disclosed their identity and communicated the secret information they had and requested both the persons to remain present as independent witnesses during the search, which they accepted. Thereafter in presence of the independent witnesses, the intercepted person disclosed his identity as Ram Narayan Sah. He was given option under Section 50 of the Act for search before a Magistrate or a Gazetted Officer, but the said person admitted possession of Heroin in a transparent plastic concealed in space between speedometer and wizer of the said motorbike. Thereafter in presence of the independent witnesses motorbike was physically searched and a brown coloured semi -solid substance was recovered from the space between the speedometer and wizer from the said Pulsar Motorbike. A small quantity of the recovered substance was tested with the drug detection test kit which responded positive to the test of Heroin and in the presence of the two independent witnesses total quantity of the recovered substance was weighed and found to be approximately 200 grams. The two samples of 05 -05 grams each were drawn from the substance recovered and kept in two separate polythene packets, heat sealed and were placed in two separate paper envelopes marked as S -1 (Ext.13) and S -2 (Ext.13A) which were sealed with the departmental seal and signed by the Seizing Officer and two independent witnesses and the accused. The rest 190 grams of the recovered substance was heat sealed in transparent polythene packet and was put in a paper envelope and sealed by the department seal which was signed by the Seizing Officer and the two independent witnesses and the owner of the goods Ram Narayan Sah (appellant). The search -cum -seizure list was prepared obtaining signatures of the owner of the goods, two independent witnesses, Inspector Shailesh Kumar and the Seizing Officer on spot. A copy of the search -cum -seizure list was given to the accused -appellant. The further case is that a notice under Section 67 of the Act was served upon the appellant. The voluntary statement of the appellant was recorded under Section 67 of the Act on 20.06.2012 in which the appellant admitted his guilt and stated that one Vinod Yadav, resident of Village Bouria, Nepal had handed over the recovered Heroin to him at Kouriahaar Chowk, Raxaul to take the same to Ghantaghar Chowk, Birganj, Nepal and hand over the recovered Heroin to the said Vinod Yadav. The further case of the prosecution in the complaint is that the appellant on voluntary confessional statement under Section 67 of the Act admitted his guilt and was arrested on 20.06.2012 at 22:00 hours. The appellant along with seized materials were produced before the Sessions Judge -cum -Special Judge, under N.D.P.S. Act, 1985, Motihari on 21.06.2012, who remanded the accused to the judicial custody and by order of the Sessions Judge -cum - Special Judge, NDPS Act, Motihari on 21.06.2012 the sealed packet of sample marked as S -1 along with test memo in duplicate was sent to the Opium and Alkaloid Factory, Gazipur, U.P. for chemical examination on 22.06.2012. However, the Opium and Alkaloid Factory, Gazipur, U.P., returned the sample S -1 of seized drug and intimated the NCB, Patna Zonal Unit that the State of Bihar falls under the jurisdiction of the CRCL, Kolkata and accordingly, the sample S -1 was dispatched to CRCL, Kolkata for chemical examination. The remaining 190 grams of sealed Heroin and sealed packet of sample marked as S -2 were deposited in Malkhana of NCB, Patna. Report of the search, seizure and arrest was furnished to higher authorities under Section 57 of the Act and consequently complaint was filed.

(3.) On the basis of complaint, cognizance was taken and after framing of charge, trial proceeded. During trial, six witnesses were examined who are P.W.1 Manoj Shankar, Intelligence Officer, N.C.B., Patna, P.W.2 Gyan Prakash, Intelligence Officer, N.C.B., Patna, P.W.3 Vijay Bahadur, Intelligence Officer, N.C.B., Patna, P.W.4 Rohit Srivastava, Intelligence Officer, N.C.B., Patna, P.W.5 Shailesh Kumar, Inspector, SBB, D -Company 13th Battalion, Seema Shastra Bal, Pantoka, Raxaul, East Champaran and P.W.6 Debashish Choudhary.