DHANANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.386 of 2015 wherein Dhananjay Kumar is the appellant and Criminal Appeal (SJ) No.482 of 2015 wherein Sk. Munna Mistry @ Sk. Jahangir is the appellant, commonly originate against the judgment of conviction dated 12.06.2015 and order of sentence dated 16.06.2015, passed by learned 5th Additional District & Sessions Judge-cum-Special Judge, NDPS, West Champaran at Bettiah in NDPS Case No.23 of 2013, Trial No.61 of 2013, arising out of Gaunaha P.S. Case No.33 of 2013, whereby and where under both the appellants have been found guilty for the offence punishable under Section 20(b) (11) (c) NDPS Act and sentenced to undergo RI for ten years as well as fined of Rs.1,00,000/- and in default thereof to undergo imprisonment for one year additionally, under Section 22(c) of the NDPS Act and directed to undergo RI for ten years as well as fined of Rs.1,00,000/- and in default thereof, to undergo additional imprisonment for one year with a further direction to run the sentences concurrently, with a further direction of set off regarding the period undergone during trial on account thereof, have been heard together and are being disposed of by a common judgment.

(2.) PW-3, Kiran Shankar, O/C of Gaunaha police station recorded his self-statement on 01.06.2013 at about 3.00 pm disclosing therein that on the same day at about 15 pm after getting confidential information regarding transportation of Narcotic Drugs (Charas), station diary entry was made and then thereafter, constituting a raiding party, they came near Pipariya chowk. At about 35 pm, three persons over a motorcycle were seen, who were intercepted and further, a bag was found over the motorcycle wherein 8 packets of Charas weighing four kilograms were seized and for that, seizure list was prepared. The occupants disclosed their identity as Dhananjay Kumar, Sk.Munna Mistry @ Sk.Jahangir and Sajjad Alam.

(3.) On the basis of the aforesaid self-statement, Gaunaha P.S. Case No.33 of 2013 was registered under Sections 20, 22, 23, 24, 27(A) and 29 of the NDPS Act and investigation was taken up. After completing the same, charge-sheet was submitted which ultimately facilitated trial which ended in a manner, subject matter of instant appeal.