BISHWANATH MANILAL Vs. STATE

JUDGEMENT

(1.) These two criminal revisions 888 and 1290 of 1976 have been heard together as they arise out of the same judgment of conviction of the petitioners for an offence under section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter to be referred to as the Act). There is only one petitioner named Bishwanath Mandal in Criminal revision 888. Ramesh Narain Choudhary, Umed Narain Choudhary and Bhuneshwar I hakur are the petitioners in the other revision petition.

(2.) The prosecution case was that Sergeant Major R.B. Pandey had received confindential information at Darbhanga at 8 p.m. on 26th of July, 1967 that one Kamdeo Singh said to be a veteran ganja smuggler was to visit his village he in village Naraingaon within Begusarai sub-division the following morning. The Sergeant Major learnt further that Raindeo Singh would pass on a jeep on National Highway no. 29. The Sergeant Major rushed to Begusarai and contacted the superintendent of police there and arranged a raiding party to intercept Ramdeo Singh at Jhamatia Mor within Bachhwara Police Station. A number of police officers were stationed there and they intercepted all vehicles which passed through the road there. In the following morning at about 8'50 a.m. a jeep was noticed coming from the northern side at a very high speed. It was signalled to stop but disobeying the signal the jeep sped towards the south. Some occupants of the jeep had also fired two shots at the police party. When the jeep sped towards the south some members of the raiding also chased the same on jeep. Shots were fired at the rear wheel of the speeding jeep which all missed the target. When the jeep had gone to a distance of about 4 kilometres from that place, it fell in a ditcb after striking an electric pole and thus the chasers overtook them. The occupants of the fleeing jeep, however, had got down from the jeep and had tried to run away. Eventually, they were chased and caught. Four of them were put on trial after invetigation. I should have mentioned that 625 kilo and 500 grams of non-duty paid ganja was recovered from the fleeing jeep.

(3.) A number of witnesses were examined by the prosecution in support of its allegations. Most of the witnesses were naturally police officers who were members of the raiding party. The petitioners denied their complicity in the crime. They alleged that they had been falsely implicated due to enmity. The trial court, however, found them guilty and sentenced them to undergo rigorous imprisonment for a period of one year each and to pay of fine of Rs. 1,000, in default to undergo further rigorous imprisonment for two months each under section 47(a) of the Act. On appeal, Shri S. L; Nandkeolyar, Additional Sessions Judge, Monghyr, affirmed the conviction and the sentences passed on the petitioners.