BHAIRO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (D.B.) 276 of 2015 and Criminal Appeal (D.B.) 834 of 2015 are in the form of Jail Appeal arising out of judgment and order of conviction dated 12.05.2014 under Section 20(b)(ii)(c) of the NDPS Act and order of sentence dated 13.05.2014 to undergo rigorous imprisonment for 14 years with fine of Rs. 1,00,000/- each and in default of payment of fine they shall further undergo rigorous imprisonment for two years passed in Special Case No. 46 of 2011 arising out of Alamganj P.S. Case No. 314 of 2011 under Sections 20 and 22 of the NDPS Act, passed by the Additional Sessions Judge-XI, Patna.

(2.) Heard learned counsel for the parties.

(3.) Briefly stated, the facts of the case is that as per FIR Sidhnath Singh, police Sub-Inspector, was posted in Alamganj P.S. Patna and on 18.11.2011 at about 9:30 a.m., he received secret information that one white coloured Tavera Jeep is coming from Hajipur towards Patna which contains ganza loaded on it. On receiving said information, he took Alamganj Mobile No. 1 along with A.S.I. Vikash Chandra Yadav and other police force personnel and reached southern end of Ganga Over-Bridge at about 9:40 a.m. He saw the white coloured Tavera Jeep coming from the opposite side, stopped the said vehicle and found two persons sitting on the vehicle and took away the key of the vehicle, and thereafter searched the vehicle and found ganza packet in the said vehicle. In presence of two independent witnesses seized 40 packets of ganza each packet containing 10 Kg. of ganza totalling 4 Quintals and prepared seizure list of the contraband articles in presence of two independent witnesses. A copy of the same was given to the two accused persons, who put their signature on the seizure list. The two accused persons, one who was driving the vehicle disclosed his name as Md. Aasim Alam and the person sitting by his side disclosed his name as Bhairo Singh and the registration number of the vehicle was BR-06L-1512, however, it appears that the number of the vehicle was BR-06L-1215 which was erased and mentioned as BR-06L-1512, and on demand they could not produce the ownership documents of the vehicle or the driving licence. Both persons were taken into custody giving rise to Alamganj P.S. Case No. 314 of 2011 dated 18.11.2011 for the offences punishable under Section 414 of the Indian Penal Code and Section 20/22 of the NDPS Act and after registration of FIR the investigation of the case was handed over to A.S.I Vikash Chandra Yadav.