MUNARIK RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and sentence dated 06.05.2004 passed by IVth Additional Sessions Judge, Bettiah (West Champaran) in Trial No. 27 of 2002. Both the appellants have been convicted u/ss 20 and 23 of the N.D.P.S. Act, 1985 and sentenced to undergo R.I. for ten years and also to pay a fine of Rs. 1,00,000/ - (one lac) and in default, to undergo R.I. for one year each u/s 33 of the N.D.P.S. Act. No separate sentence u/s 20 of the N.D.P.S. Act has been passed.

(2.) PROSECUTION case in brief is that on 14.5.92, the complainant/informant, Umashankar Sharma, Superintendent of Custom, Bettiah Circle on getting confidential information, organised a raiding party and stationed it by the side of Majholia -Nanosati Road for search of vehicle suspected to carry Nepali Ganja. On the next morning, at about 4.00 a.m. they saw a motorcycle coming towards them. They signalled to stop the motorcycle upon which the motorcyclist stopped his motorcycle at a distance and fled away. In the meantime, one truck came. On signal, the driver stopped the truck and he also vanished in the darkness. On checking by the custom officials, two persons were found sitting on truck. They disclosed their names as Munarik Rai and Pyare Rai (appellants). From the hood of the truck, about 36 Kgs of Nepali Ganja was recovered.

(3.) IN course of the trial, prosecution examined 10 witnesses including the complainant as P.W. 10, Umashankar Sharma.