NATHE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant against the judgment of conviction and sentence dated 30. 9. 2005 passed by Sri Ram prabhu Pandey, 3rd Additional Sessions judge, Muzaffarpur in Case No. 53 of 2003. The sole appellant has been convicted under Section 20 (B) as well as under Section 23 of the N. D. P. S. Act and has been sentenced to undergo R. I. for ten years under each count (Sic) to pay fine of Rs. 1,00,000 and in default to undergo R. I. for one year.

(2.) THE prosecution case in brief is that on 14. 8. 2003, Customs Department, muzaffarpur received a telephonic message with regard to illegal import of ganja from nepal through Jeep No. WB-2a-7539 from the side of Dhaka, East Champaran. Under the leadership of Mr. M. P. Singh. Customs inspector (PW6), a raiding team was organised. The team took position on N. H. 28 near Motipur. At about 4. 00 p. m. the aforesaid jeep was found coming from the side of Motihari. However, seeing the Customs jeep, the driver of jeep turned his jeep, the Customs officials chased the jeep but the driver of the jeep after stopping the jeep fled away. This appellant in saffron colour dress was found sitting on the jeep. He did not attempt to flee away. On enquiry he disclosed his name and also told that he was a sadhu and was coming from Janakpur. He took lift in jeep at Mahesi Railway Station. 2a. The Customs officials checked the jeep and ultimately, recovered 86. 35 kgms. of ganja from secret chamber of the jeep. The ganja was seized in presence of two independent seizure list witnesses and sample of ganja was sent to Gazipur for chemical examination.

(3.) THE appellant was arrested and his voluntarily as well as interrogatory statements were recorded by different Customs officials. Ultimately, complaint was lodged against the appellant before the Court of sessions Judge.