LAKHINDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction dated 15.9.2004 and its order of sentence dated 16.9.2004 passed by Fast Track Court No. 1, East Champaran, Motihari in Excise Case No. 19 of 1999. The sole appellant has been convicted under Sec.23 of N.D.P.S. Act and has been sentenced to undergo rigorous imprisonment for ten years with fine of rupees one lac and in default of payment of fine to undergo furtner imprisonment for one year R.I.

(2.) THE prosecution story in brief is that on 28.3.1999 the informant/complainant Sri Rabindra Kumar, Inspector of Customs, Land Customs Station, Raxaul along -with his party was on routine checking on Raxaul Chhapwa road. At about 5.00 A.M. a bus bearing registration no. BR -1A -9050 came from the side of Raxaul and the same was checked by the team. A passenger of the bus was found in suspicious condition who disclosed his identity as Lakhindra Rai (appellant). The person of the appellant was searched in presence of two witnesses and was found to have concealed charas in his shirt and pant. The same was seized, which was ten packets, weighing about 6.5 Kg. The statement of the appellant was recorded under Sec.107 of the Customs Act. 196? who confessed that the Charas was purchased by him at Birganj (Nepal) for selling in Patna Market. In presence of seizure witnesses the sample of charas was packed and sealed in three envelopes and was sent to Government Opium and Alkaloid Works, Ghazipur (U P.) for chemical examination. The report Ext. 6 confirmed that the sample was charas.

(3.) IN course of trial, charge only under Sec.23 of N.D.RS. Act was framed against the appellant. Thereafter, prosecution examined eight witnesses including the complainant, Rabindra Kumar as P.W. 1 and the Superintendent of Customs Sri PK. Ghosh as P.W. 5.