HIRALAL YADAV @ SIKANDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 599 of 2015 wherein Hiralal Yadav @ Sikandar Yadav is the appellant and Criminal Appeal No. 600 of 2015 wherein Tulsi Sah is the appellant commonly originate against the judgment of conviction dated 12.08.2015 and order of sentence dated 13.08.2015 passed by Sessions Judge-cum-Special Judge, N.D.P.S., West Champaran at Bettiah in N.D.P.S. Case No. 74 of 2012 arising out of Ramnagar P.S. Case No. 295 of 2012, Trial No. 68 of 2012 whereby and whereunder both the appellants have been found guilty for the offences punishable under Sec. 20(b)(ii)(c) as well as 22(c) of the N.D.P.S. Act and each one has been directed to undergo R.I. for ten years as well as fine of Rs. one Lakh and in default thereof to undergo imprisonment for one year, additionally, under each head independently, separately with a further direction to run the sentences concurrently on account thereof, there has been conjoint hearing and are being disposed of by a common judgment.

(2.) P.W.3 Krishna Nand Jha, Officer-in-charge of Ramnagar Police Station while was on patrolling along with police personnels as per direction given by the Superintendent of Police on the eve of "Bandh" called by a political party on 22.08.2012, got confidential information regarding storage, transportation of Ganja in huge quantity after being smuggled from Nepal through Mashan river in between Yogia-Inerva village whereupon, raid was conducted and during course thereof, as has been alleged two persons were apprehended at the spot who are none else than the appellants as well as 14 bags of Ganja weighing 205 Kgs. were seized for that, seizure list was prepared in presence of seizure list witnesses Md. Ashraf as well as Musahir Ram and for that, after recording self statement, instant case bearing Ramnagar P.S. Case No. 295 of 2012 was registered.

(3.) It is further evident that after registration of the case, investigation was entrusted to P.W.4, Bhagwan Pandey who proceeded therewith, recorded statement of the witnesses, inspected place of occurrence, got sampling in presence of Magistrate, examined by the F.S.L. and then, found the case true whereupon submitted charge-sheet against the accused, which ultimately paves the way for trial which concluded in a manner, the subject matter of instant appeal.