KHAJAY RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.265 of 2015 wherein Khajay Ram is the appellant while Criminal Appeal (SJ) No. 90 of 2015 wherein Bahadur Ram is the appellant commonly originate against the judgment of conviction dated 04.12.2014 and order of sentence dated 09.12.2014 passed by First Additional Sessions Judge-cum-Special Judge, NDPS, Araria in Special Case No.17/2008, Trial No.22/2008 arising out of Narpatganj (Basmatia) P.S. Case No.91/2008 holding both the appellants guilty of an offence punishable under Sec. 23(c) of the NDPS Act and sentenced each of them to undergo R.I. for ten years as well as fine of rupees one lac in default thereof, to undergo R.I. for one year additionally, have been heard together and are being disposed of by a common judgment.

(2.) PW.9, Bipin Kumar Katara, Inspector, SSB filed written report on 21.04.2008 stating therein that on 20.04.2008 at about 08:00 PM while they were on surveillance, they found two persons crossing the border and on account thereof, challenged and apprehended. Subsequently thereof, they were searched and during course thereof, 350gm of heroine was recovered from their possession.

(3.) On the basis of the aforesaid written report Narpatganj (Basmatia) P.S. Case No.91/2008 was registered whereupon investigation took up and after concluding the same, charge sheet was submitted. After taking cognizance of an offence on the basis of the materials having submitted under Sec. 173 Crimial P.C. trial commenced and concluded in a manner, subject matter of instant appeal.