NOOR MOHAMAD ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Noor Mohammad has been convicted under Section 23 of the Narcotic Drugs and Psychotropic Substances Act. 1985, and has been sentenced to ten years imprisonment and to pay a fine of Rs. One lakh by the learned Sessions Judge. West Champaran in Sessions Trial No. 16/93.

(2.) The case of the prosecution against the appellant can be - gathered from the report of Bhagirath Rat Inspector Customs (P) Division. Motihari, dated 14-6-1993., The said report is quoted hereunder: On receipt of a secret information regarding presence of Shri Noor Mohammad, son of Gafoor Mian of village Barbat Sena, Bettiah Muffasil, West Champaran on 13-6-1993 a team of officers and staff of Customs (Prey.) Motihari rushed to village. Barbat Sena said Shri Noor Mohammad was found sitting near his neighbour home who soon after the sight of Customs staff tried to fled away but due to alertness of the Customs staff he could not escape and apprehended by them sensing the interference and other obstruction by his family members and villagers. They have taken him in Govt. Jeep and drove away from the village immediately. The said Noor Mohammad s/o Gafoor Mian was brought to Customs office. Motihari. Then two independent witness were called on by us from the nearby locality to witness the search of the person of Shri Noor Mohammad. On search a small piece of Nepali charas was recovered from right side pocket of his shirt worn by him before the independent witnesses. On enquiry from him he had informed that he had kept the said piece of charas for use as sample and to obtain the orders for sale from different customers. The recovered charas was weighed before the independent witnesses which was found 40 gms. in stick form only. The details of the recovered charas were recorded into the Panchnama and seizure memo No. 655 dated 13-6-1993 in the presence of Noor Mohammad and two independent witnesses. The said recovered charas was seized under Section 110 of the Customs Act, 1962 and Section 42 of N.D.P.S. Act, 1985 for violation of the provision of Section 8 of the N.D.P.S. Act. 1985 read with Section 11 of the Customs Act, 1962 and Section 3 (1) of the Import-Export (Control) Act, 1947. Out of the above seized quantity of the recovered charas, two representative sample of the same were kept in the two envelopes and sealed before Noor. Mohammad and two independent witnesses which was duly signed by them and thumb impression by Noor Mohammad. A confessional written statement of said Noor Mohammad was also obtained in presence of two independent witnesses. Thereafter said Noor Mohammad was produced before the Supdt. Customs (Prey.), Motihari for interrogation on 13-6-1993. After completion of interrogation said Noor Mohammad was arrested by me on 14-6-1993 under Section 104 of the Customs Act 1962 and Section 42 of N.D.P.S. Act. 1985 for violation of the N.D.P.S. and Customs Act as referred to above. Thereafter said Shri Noor Mohammad was taken to the Court of District and Sessions Judge. West Champaran. Bettiah for remanding into judicial custody on 14-6-1993. The said Noor Mohammad was absconding and. evading arrest in this office case No. 29/93 dated 17-3-1993 for which the honourable Court had also issued warrant of arrest against him after registering a case No, 3/OC/93 on the basis of F.I.R. Lodged by Assistant Collector, Customs (P) Motihari against him. After having sufficient reason to believe that said Noor Mohammad is a habitual smuggler and doing transaction in Narcotic drugs. He has been arrested and sent for judicial custody for the offences committed by him under N.D.P.S. Act, Customs Act and Import-Export (Control) Act as referred to above.

(3.) The defence of the appellant was that he has been falsely implicated in this case by plantation at the hands of the authority of the custom department on the background that on earlier the authorities of the custom department attempted to implicate the accused in the case relating to the recovery of 70 kgs. of charas on 17-3-1993 from the house of one Nathuni Darzi of village Barwat Sena. Since the recovery was not made from the possession of the appellant nor he was apprehended on that day and as such warrant of arrest was procured for his arrest relating to the above recovery. The appellant was arrested on 13-6-1993. He was taken to the office of custom department had due planning the present false and fabricated case relating to the recovery of 40 gms. of charas has been instituted against the appellant.