NARESH RAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Naresh Ram has been convicted under Sections 20(b)(ii)(C) and Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act and has been sentenced to undergo rigorous imprisonment for ten years, to pay a fine of Rs. 1,00,000/-(one lakh) and in default of payment of fine, to further suffer rigorous imprisonment for one year for both the offences by judgment and order dated 29 th of March, 2017, passed by the learned 5th Additional Sessions Judge, Bettiah at West Champaran in Trial No. 63 of 2011, arising out of Majhaulia P.S. Case No. 42 of 2011.

(2.) The appellant is said to have been in possession of 98 Kgs of Ganja which was recovered from beneath the sugarcane field and was found in seven packets each containing 14 kgs of Ganja.

(3.) The informant of this case viz. Sub-Inspector Sunil Kumar Dwivedi lodged a self-statement on 01.03.2011 alleging that while on duty on the same day, he received confidential information that smugglers have congregated in a sugarcane field and have concealed a huge consignment of narcotics in that sugarcane field. On such information, the superior Police Officer was informed about the occurrence and a raid was conducted by him. On reaching the place which was indicated to him in the secret information, he along with the Police Party found that about 9-10 persons, who had assembled there, started fleeing away on seeing the Police vehicle. One of such person was nabbed who disclosed his name as that of the appellant. He could not disclose the name of the other associates/persons who managed to run away.