MUNIB SAH BARNWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and the State.

(2.) The appellant/Munib Sah Barnwal has been convicted under Sections 20 (B), 22, 23, 27(A) and 29 of the N.D.P.S. Act, 1985 by judgement dated 29.09.2016, passed by the learned IIIrd Additional District and Sessions, West Champaran, Bettiah and by order dated 01.10.2016, he has been sentenced to undergo RI for 10 years for each of the offences and to pay a fine of Rs. 1,00,000/- (one lakh) and in default of payment of fine, to further suffer simple imprisonment for one year each for all the offences. The sentences have however been ordered to run concurrently.

(3.) The basis of the prosecution case is the self-statement of Mukesh Kumar (P.W. 4), who has alleged that while checking the vehicles near the border of Nepal, one person who was coming on a motorcycle from the side of Nepal tried to run away. The aforesaid witness (P.W. 5), with the help of other police personnels, nabbed him and searched his person. On search, narcotic substances, kept in 17 packets and weighing 8 kgs, were found. The substance which was recovered appeared to be Charas. On further probe, the aforesaid person disclosed his name as that of the appellant and disclosed that the aforesaid consignment of Charas was brought from Nepal for the purposes of handing it over to one Munna Mian for its sale. A seizure list was prepared in front of two witnesses, who had arrived at the place of occurrence during the time of search and seizure and the appellant was thereafter arrested.