BRICHHA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.580 of 2015 wherein Brichha Yadav is the appellant, Criminal Appeal (SJ) No. 635 of 2015 wherein Rajdeo Yadav , Dhodha Paswan are the appellants and Criminal Appeal (SJ) No. 650 of 2015 wherein Abul Hasan is the appellant commonly originate against the same judgment of conviction and sentence on account thereof, have been heard together and are being decided by a common judgment .

(2.) All the appellants named above have been found guilty for an offence punishable under Section 20(b)(ii)(c) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees one lac and in default thereof, to undergo S.I. for one year additionally, under Section 22(c) of the NDPS Act and sentence to undergo R.I. for ten years as well as to pay fine appertaining to rupees one lac and in default thereof, to undergo S.I. for one year additionally, under Section 23(c) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees one lac and in default thereof, to undergo S.I. for one year additionally with a further direction to run the sentences concurrently with a further direction of set off the period having undergone during course of trial as provided under Section 428 of the Cr.P.C. vide judgment of conviction dated 04.09.2015 and order of sentence dated 09.09.2015 passed by Fourth Additional Sessions Judge cum Special Judge, NDPS, West Champaran at Bettiah in Trial No.46 of 2010, NDPS Case No.21/2010 arising out of Mainatand P.S. Case No.15/2010.

(3.) Shivnarayan Ram, Officer-in-charge of Mainatand Police Station (PW.8) recorded his self-statement on 21.03.2010 at about 07:15 PM at the Darwaja of Brichha Yadav lying at village- Shukhalahi Govindpur disclosing threin that while he along with other police personal were engaged in conducting raid against the accused of Mainatand P.S. Case No.14/2009, at about 05:00 PM received confidential information regarding assemblage of smugglers at the house of Brichha Yadav of village Shukhalahi whereupon, raid was conducted and during course thereof, others managed to escape while three persons were apprehended from a room. Furthermore, on search, altogether 161.400 gms. of ganja were seized from the aforesaid room for which, search-cum- seizure list was prepared in presence of two independent witnesses Tara Singh and Ashok Yadav. During course of interrogation, they have confessed the guilt.