MOJAMIL SHEKH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Additional P.P. for the State.

(2.) Criminal Appeal (SJ) No. 409 of 2015 wherein Mojamil Shekh is the appellant while Criminal Appeal (SJ) No. 445 of 2015 wherein Shekh Baharul @ Baharul Shekh is the appellant, commonly originate against the judgment of conviction dated 04.05.2015 whereby and where under both the appellants have been found guilty for the offence under Sec. 20(b)(ii) (C), 23(C) of the NDPS Act and order of sentence dated 13.5.2015 whereby they both independently has been directed to undergo R.I. for ten years as well as to pay fine of Rs. one lac in default thereof, to undergo imprisonment for six months additionally, under both heads, separately with a further direction of set off relating to custodial period during trial in terms of Sec. 428 of the Cr. P.C. by Additional Sessions Judge, VIth, West Champaran at Bettiah in Trial No. 55 of 2013 arising out of NDPS Case No. 13 of 2013 originating from Purushottampur P.S. Case No. 09 of 2013, consequent thereupon, have been heard together and are being disposed of by a common judgment.

(3.) Officials of 27th Battalion of SSB, received confidential information regarding transportation of Narcotics drug whereupon they cordoned the area followed with appearance of one person coming through bicycle with a bag towards railway line, simultaneously, one person over motorcycle, and parked the same by the side of a main road and proceeded towards first person, whereupon they were challenged whereupon they ran away leaving the bag. They were chased and ultimately, were apprehended, who disclosed their identity as the appellants. Furthermore, from the bag, 72 packets were taken out weighing 69 Kg of charas. Furthermore, other articles were seized from their personal possession. After preparing seizure list, the articles so recovered been seized along with apprehension of the accused, were produced by the informant Shrikrishna Awadhiya, Deputy Commandant, 27th battalion (SSB) before the O/C, Purusottampur with a written report.