MAHANGU SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the Standing Counsel, Central Government.

(2.) The has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, ((hereinafter referred to as, "the Act") and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh and in case of non-payment of fine to under go additional imprisonment for one years. The appellant has, further, been convicted under Section 22(c) of the Act and sentenced to undergo rigorous imprisonment for ten years and a fine of rupees one lakh and in case of non-payment of fine to under go for further imprisonment for one year. The appellant has, further, been convicted under Section 23(c) of the Act and has been sentenced to undergo rigorous imprisonment for ten years and fine of rupees one lakh and in case of non-payment of fine to under go additional imprisonment for one year. However, it has been ordered that all the sentences shall run concurrently.

(3.) The prosecution case, as alleged in the first information report by the informant, Amit Singh, Company Commander, Sashastra Seema Bal, posted at Sikta, West Champaran that he got an information from the Company and he constituted a team under the leadership of Constable, Keshav Bairagi, with five jawans to watch at village Sikta and in the night they heard the sound of walking on the water and then the raiding team allowed them to come near them and when the accused persons, walking on water, reached near the place where the team was watching, challenged them and asked to surrender, but, the accused persons, who were coming from Nepal, tried to escape and then the naka party or raiding party chased and caught hold of one person and from his possession eight packets of ganja weighing about 120 Kg were seized. On receiving the information, the informant reached at the place and enquired from the person, who was caught hold, disclosed his name as Mahangu Sah, son of late Sitaram, and did not produce any paper regarding the ganja recovered from his possession, but, disclose that the said ganja belonged to co-villagers Munni Lal Kushwaha and Rang Lal Yadav and, further, disclosed that the persons who were carrying these ganja were Munni Lal Kushwaha and his co-villager and six other persons of Nepal. The said person was caught hold of along with the ganja, handed over to the Officer-in-Charge of Sikta Police Station.