IBOPISHAK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE sole appellant has preferred this appeal against the judgment of conviction and order of sentence dated 29.11.2005 passed by Sri Vijay Kumar Sinha, Additional Sessions Judge -cum -Special Judge (N.D.P.S. Act), Kishanganj in Special Case No. 7/02. The sole appellant has been convicted under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "N.D.P.S. Act") and sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 1,00,000/ - (One lac) and in default to further undergo rigorous imprisonment for one year. On 6.3.2006 at 4 A.M. the officials of Custom Department in course of routine checking at Fairing Gola. Kishanganj noticed a car (Cantessa Classic Model) coming from the side of Siliguri. They gave signal to the car to stop for checking but the driver speeded the car. Ultimately the car was made to stop near Kishanganj Railway Crossing. The driver of the car (the appellant) attempted to flee away but was caught by the preventing team. The appellant disclosed that one K. Shyam Sharma, the owner of the car along with another person, namely, Mahesh managed to flee away.

(2.) They did search the car and ultimately recovered 40 Kg. of Ganja from the false chamber situated over fuel tank. The Ganja was seized in presence of the appellant and other independent witnesses. The sample of Ganja was also taken and later on sent to chemical analyst for test. The statement of the appellant was also recorded by the official of Custom Department. Ultimately pros ecution was launched against the appellant under Section 20(b)(ii)(c) of the N.D.P.S. Act.

(3.) IN course of trial the prosecution examined altogether six witnesses including the complainant (P.W. 4), P.C. Surin, Inspector of Custom Department. P.Ws. 2 and 3 are constables in the Custom Department. P.W. 5, Ashok Kumar Das, is also an official of Custom Department and P.W. 6, Ratan Kumar Mishra is Superintendent (Vigilance) Custom Department.