MD SAFI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the judgment and its order dated 25.7.2003 passed by Sri Jay Prakash Singh, 6th Additional Sessions Judge, Bettiah in Trial No. 10 of 2001 under Sec.20(B) of the Narcotic Drugs and Pshychotropic Substance Act, 1985 (hereinafter referred to as the "Act") thereby and thereunder the court below has convicted the appellants under Sec.20(B) of the Act and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of rupees one lakh and in default of fine he has been directed to undergo rigorous imprisonment for further three years.

(2.) It appears that on secret information on 5.4.2001 a team of custom officials intercepted and stopped a truck bearing registration no. CHW-7979 which was coming from the side of Chanapatia. The appellants were Driver and Khalashi of the truck. On search altogether twenty nine packets of Ganja weighing about 303 Kg were recovered from the false chamber of the truck. The prosecution after observing legal formalities filed prosecution report against five persons including these appellants. However, ultimately only these appellants faced trial and the case of other three persons were separated. Charge under Sections 2(b)(ii) and 23 of the Act was framed against the appellants. In course of trial eight witnesses were examined by the prosecution and ultimately both the appellants have been convicted and sentenced to in the manner stated above only under Sec.20(b) of the Act.

(3.) In course of hearing learned counsel for the appellants confined his submission only on the point of sentence. He did not challenge the findings of guilt to the appellants under Sec.20(b) of the Act. Submission of learned counsel for the appellants is that the court below has committed grave error in awarding sentence of rigorous imprisonment for ten years and fine of rupees one lakh. The alleged Ganja was recovered from the truck on 5.4.2001. On that very date the Principal N.D.P.S. Act, 1985 was in vogue. The maximum punishment under Sec.20 of N.D.RS. Act for such offence is only five years with maximum fine of rupees fifty thousand. But the learned lower court has awarded sentence on the basis of the amended Act of N.D.RS. which came into force much after the alleged date of the occurrence. The appellants have already remained in jail custody for much more than maximum sentence provided under Principal N.D.P.S. Act of 1985 being in custody since 5.4.2001.