SHANTI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel appearing on behalf of the Public Prosecutor.

(2.) Both the Appellants have been convicted under Sections 20(b)(ii)(c) of the NDPS Act and sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs.1,00,000/- in default of which further imprisonment of two years rigorous imprisonment by a Judgment dated 30th day of November, 2010 and order of sentence dated 7th December, 2010 in connection with Special Case no. 35 of 2007.

(3.) The case of the Complainant PW 1 (Santosh Kumar) Inspector (Seizing Officer) Customs Headquarter, Patna, is that on 9.6.2007, he filed a First Information Report by way of a Complaint instituted by him. He stated that on information that some persons were indulging an illicit trafficking of Narcotic substance (Charas), he constituted a Police team and rushed to Mithapur Bus Stand at 5:00 P.M. on 9.6.2007 where he found Shrimati Sheela Devi, Sipoy, Custom Preventive Division, Motihari who informed that two women travelling by bus from Raxaul to Patna were suspected of carrying illegal substance having either concealed in their body or in their personal belonging. Two persons were requested to become Panchnama witnesses. Firstly, the women were asked as to whether they prefer their search before a Judicial Magistrate or before the Superintendent of Customs (Gazetted Officer) upon which they agreed to go before the Gazetted Officer. On personal search conducted by Shrimati Sheela Devi (PW-3), 20 transparent thin packets of Charas concealed in a tailor-made specially designed cloth bag from the personal possession of Shrimati Shanti Devi and five packets/bundles each containing four transparent thin packets of Charas concealed in one white gunny bag from the personal possession of Appellant Kalawati Devi were recovered. The goods along with two accused persons were taken to the Customs office at Birchand Patel Marg, Patna. The articles recovered were found to be Charas and each packet contained 250 Grams and the total weight was 10 Kg. i.e. 5 Kg. from possession of each of the Appellant. Both the Appellants admitted that they were carriers of the Narcotic Substance so their interrogatory statements were recorded and sent along with the First Information Report on 9.6.2007 itself. Three representative samples of the alleged Charas were drawn, packed in envelopes and sealed under the signature of the Panches as well as the accused and then they were arrested and produced before the Special Judge. The samples were forwarded to the Govt. Opium and Alkaloid Works, Gazipur (U.P.) for chemical analysis and test confirmed by report received on 25.9.2007, that it was Charas. It was under these circumstances that the present Complaint was filed under sections 20, 23 and 29 of the NDPS Act, 1985 with a request that the articles be confiscated.