MEENA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Against the judgment of conviction and order of sentence dated 12.10.2017 whereby and whereunder both the appellants namely Meena Devi and Pramilla Devi have been found guilty for an offence punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. One Lac, under Section 22(c) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. One Lac, under Section 23(c) of the N.D.P.S. Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. One Lac and in default thereof, to undergo R.I. for one year, additionally, with a further direction to run the sentences concurrently, with a further direction with regard to set off against the period having undergone during course of trial by the learned 5th Additional Sessions Judge, West Champaran at Bettiah in Trial No.33 of 2014, instant memo of appeal has been filed while acquitting for an offence punishable under Section 414 Cr.P.C.

(2.) On getting confidential information with regard to transportation of Ganja (contra band goods) from Nepal, a raiding party was constituted by the informant, O/c of Gopalpur P.S. and then, at Shivaghat bridge, the informant along with other police officials ambushed. After sometime, one tractor came occupied by two ladies and a man excluding driver, which was intercepted and during course of search, with the help of Constable Chhaya Ram (PW-2), from the possession of Meena Devi, 13 yellow packets having been wrapped with her body has been found and seized while from the possession of Pramilla Devi, six packets containing yellow substance were seized duly wrapped with her body and for that, on query, they both made inculpatory extra-judicial confessional statement that the aforesaid substance happens to be Charas and on account of poverty, they both acceded to become carrier at the instance of one Rajendra Pal. Accordingly, seizure list was prepared. Both the accused persons including driver and one more person from whose possession, nothing was recovered, were arrested.

(3.) After institution of Gopalpur P. S. Case No.08 of 2014, investigation commenced during course of which, as is evident, the seized articles (samples) were sent to F.S.L. and got the F.S.L. Report, examined the witnesses, inspecting the place of occurrence and then, concluding the investigation, chargesheet has been submitted against the two appellants, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.