BIKASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Against the judgment of conviction and sentence impugned all these appeals have arisen on account thereof have been heard together and are being decided by a common judgment.

(2.) Appellant Md. Raja (Cr. Appeal (DB) No. 1102 of 2013), appellant Md. Salim (Cr. Appeal (DB) No. 1078 of 2013), appellant Md. Farukh (Cr. Appeal (DB) No. 1099 of 2013), appellant Inamul @ Md. Inamul (Cr. Appeal (DB) No. 1076 of 2013), appellant Bikash Yadav (Cr. Appeal (DB) No. 33 of 2014) and appellant Sandeep Kumar Singh (Cr. Appeal (DB) No. 1089 of 2013) have been found guilty u/s 20 as well as 22 of the N.D.P.S. Act vide judgment of conviction dated 3.10.2013, and each one has been independently sentenced to undergo rigorous imprisonment for 15 years as well as fine of Rs.1 lac, in default thereof to undergo rigorous imprisonment for two years, additionally, under both heads, respectively, with a further direction to run the sentences concurrently, vide order of sentence dated 21.10.2013 by 1st Additional Sessions Judge-cum-Special Judge, Bhagalpur in N.D.P.S. Case No. 3270 of 2010 arising out of Sahkund Police Station case no. 187 of 2010.

(3.) On getting confidential information that narcotic substance was to be carried by smugglers, a raiding party was constituted under the leadership of the informant Sanjay Kumar, Officer-in-charge of Shahkund Police Station as well as Sitaram Das, Circle officer of Shahkund block, came to destination Kiranpur More where they waited for arrival of the smugglers. After some time, three motorcycles ridden smugglers were seen who were signalled to stop and during course thereof, two persons having been ridden over a motorcycle succeeded in their escape leaving one bag, while four persons along with motorcycles possessing two bags, one each by the pillion rider were apprehended. Furthermore, on opening of the bag 12 packets of Ganja, weighing 136 kilograms was seized. The apprehended persons disclosed their identity as Md. Raja, Md. Salim, Bikash Yadav and Sandeep Kumar as well as also disclosed identity of their associates who managed to escape as Md. Inamul as well as Md. Farukh.