RAVI SHANKAR SINGH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Criminal Appeal (DB) No.915 of 2014 wherein Ravi Shankar Singh happens to be the appellant and Criminal Appeal (DB) No.921 of 2014 wherein Rajesh Kumar happens to be the appellant originate against common judgment/ order of conviction and sentence on account thereof, have been heard together and are being decided by a common judgment.

(2.) Both the aforesaid appeals have been preferred against the judgment of conviction dated 12.09.2014 whereby and whereunder both the appellants namely Ravi Shankar Singh as well as Rajesh Kumar have been found guilty for offences punishable under Sections 20(b)(ii)(c), 23(c) of the N.D.P.S. Act and each one has been directed to undergo rigorous imprisonment for 15 years as well as to pay fine of Rs.2,00,000/- (two lacs) in default thereof, to undergo rigorous imprisonment for 2 years, additionally, respectively with a further direction to run the sentences concurrently vide order dated 16.09.2014 by the 6th Additional Sessions Judge/ Special Judge, Muzaffarpur in D.R.I. Case No.03 of 2011.

(3.) PW-1, Shivendra Satyarthi having been informed confidentially regarding illegal transportation of narcotic substance by a truck from Nepal, constituted a raiding party and accordingly, proceeded towards destination in the night of 19.05.2011. During course of visit, they found one truck coming out at wee hour which they intercepted. They made cursory inspection and found smell of contraband however considering that it was night having no source of light, on account thereof, the truck was taken to Muzaffarpur D.R.I. Office where cabin was broken whereupon 463 packets of charas weighing 450 k.g. were seized. After performing the other legal paraphernalia, arrest memo etc. were prepared and on the basis thereof, on 21.05.2011, both the appellants were produced along with forwarding report. Subsequently thereof, the matter was enquired into whereupon prosecution report was filed on 15.11.2011 by the PW-1 Shivendra Satyarthi facilitating trial.