VIRENDRA KUMAR LOHARA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment dated 12.02.2016 and order of sentence dated 17.02.2016 passed by Sri Arun Kumar, Sessions Judge, Kaimur at Bhabhua in S.T. No. 132 of 2012, whereby the appellant was convicted for the offence punishable under Sections 20(b)(ii)(C) and 22(C) of the NDPS Act (hereinafter referred to as "the Act") and was sentenced to undergo rigorous imprisonment for fifteen years with a fine of Rs. One Lakh and further under Section 476 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of five years with a fine of Rs. 5,000.

(2.) Main plank of the submission of the appellant, challenging the legality of the impugned judgment is non - compliance of provisions of Section 50(1) of the Act. It would be profitable for the court before proceeding to consider the submission made at the bar to narrate the facts that have emerged from the record. They are as follows;-

(3.) The raiding team consisted of P.W. 5, who was then posted as Circle Officer, Kudra. It was so on getting information about the transportation of the narcotic /psychotropic substance in the vehicle, a request was made to P.W. 5 to be present with the raiding team. P.W. 5 has specifically deposed to this effect. The aforesaid factum has not been disputed by the defence. According to the prosecution case, when the vehicle was about to be intercepted by the raiding team while moving towards Mohania, the appellant driving the vehicle took a U-turn and drove back to Kudra. The vehicle was, however, intercepted on the highway when he deserting the vehicle attempted to flee away but on chase apprehended by the raiding team. The person of the appellant was searched in presence of P.W. 5 and other members of the raiding team, whereby, a mobile and some sim cards were recovered. A seizure memo was drawn, which was signed by the witnesses to the seizure as well as P.W. 5. The signature of the appellant was also obtained thereon. Thereafter, the informant (P.W. 3) searched the vehicle and recovered 25 polythene packets containing ganja, total weight of which was 96 kilograms. It was recovered from the dickey of the vehicle. Seizure memo (Ext. 7) was drawn by the informant in presence of the witnesses including P.W. 5. A copy was also given to the appellant and endorsement to this effect was obtained on the seizure memo. Thereafter, samples were drawn and sealed.