JAGBIR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and sentence dated 24.2.2004 passed by 7th Additional District and Sessions Judge, Bettiah in Trial No. 11 of 1995. The sole appellant has been convicted under Section 23 of the N.D.P.S. Act and has been sentenced to undergo R.I. for ten years with fine of Rs. 1,00,000.00 in default to undergo further imprisonment for two years R.I.

(2.) On 29.9.1995 at 11.00 P.M., informant/complainant Shri Shakti Bhushan, Inspector of Custom, Bettiah checked a bus bearing No. BR-06/P/1251 named Amar Jyoti, coming from Raxaul and recovered 'Charas' kept in a plastic bag weighing about 3 kgms. from dikky of bus. Two brief case were also found in dikky. The appellant claimed brief case but denied ownership of plastic bag containing Charas. However, the khaiasi of the bus identified this appellant as owner of the plastic bag.

(3.) The Inspector in presence of two . independent witnesses seized the plastic bag containing Charas and also recorded statement of khalasi. The appellant was also arrested at the spot and the sample of the Charas was sent to the analyst for chemical analysis. After observing legal formalities and receipt of analyst report the informant/complainant lodged prosecution on 14.7.1995.