JALAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Jalaj Kumar has been found guilty for an offence punishable under Section 20(b) (ii) (c), 22(c) and 23 (c) of the NDPS Act and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. One Lac, in default thereof, to undergo RI for one year respectively, with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 CrPC, vide judgment of conviction dated 10.06.2016 and order of sentence dated 16.06.2016 passed by 6th Additional Sessions Judge-cumSpecial Judge, NDPS, West Champaran at Bettiah, in connection with Trial No.06/2015 arising out of Balthar PS Case No. 66/2014.

(2.) Pw-2, Ravindra Kumar, Head Constable, SSB filed a written report disclosing therein that through local source, Company Commander of SSB (38th Battalion) got an informant with regard to smuggling of Narcotic Substance/Drugs to India from Nepal. Accordingly, a raiding party was constituted under his leadership and the security was beefed up, on the banks of Oran river. After some time, one person was found who, on being challenged, began to flee, whereupon, chased and apprehended. He was interrogated and during course thereof, disclosed his name as Jalaj Kumar son of Late Bishwanath Prasad resident of Village- Malahi Bazar, Police Station-Malahi, District-East Champaran. He was further told that if he so desires, his search would be facilitated either before two independent witnesses or before a Gazetted Officer. Over this, the aforesaid apprehended accused, shown his inclination to be searched out before two independent witnesses whereupon, he was searched in presence of Sk. Bundali as well as Md. Hassim and during course thereof, one mobile having AIRTEL SIM and Two Kilograms of Charas from a bag having over his back was recovered, seized regarding which he disclosed that he used to bring the aforesaid Charas from Kathmandu and supply it to Delhi, Ghaziabad as well as other different places.

(3.) Then thereafter, the accused, seized Charas along with other documents were produced before Officer Incharge, Balthar PS over which, Balthar PS Case No. 66/2014 was registered commencing with an investigation and after concluding the same, charge-sheet has been submitted meeting with the ultimate result, subject matter of the instant appeal.