RINKU KUMAR CHAUBEY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 11.08.2017 and order of sentence dated 24.08.2017 passed by 6th Additional Sessions Judge, West Champaran, Bettiah in Trial No. 08/2008 whereby and whereunder, appellant, Rinku Kumar Chaubey @ Rinku Chaubey has been found guilty for an offence punishable under Section 20(b), (II) (C) of the NDPS Act and sentenced to undergo RI for 10 years as well as fine of Rs. 1 Lakh, in default thereof, to undergo RI for 1 year, under Section 23(C) of the NDPS Act and sentenced to undergo RI for 10 years as well as fine of Rs. 1 Lakh, in default thereof, to undergo RI for 1 year, with a further direction to run the sentences concurrently, the instant appeal has been preferred at his end.

(2.) Ram Narayan Chaudhary, (PW 3) recorded his self statement on 12.01.2000 disclosing therein that after registering Sanha No. 265 dated 12.01.2000, he along with other police officials so named therein proceeded in patrolling and during course thereof, when they reached near Bazar Samiti Chowk, they had seen one person in suspicious circumstance who, seeing the police ran away, chased, apprehended and on search in presence of two witnesses namely, Shashi Kumar and Panna Lal Kumar, a country made loaded pistol, cartridges were recovered from his physical possession and for that, seizure list was prepared. It has further been disclosed that the appellant in his inculpatory extra judicial confessional statement, admitted that he had escaped from police custody on 23.12.1999, then gone to Nepal, brought Charas and the same has been kept in the hut belonging to Rajendra Sah which he could show whereupon, was accompanied by the police officials and as per his discloser four biscuits each weighing 250 Grams was recovered and for that, seizure list was prepared. The accused was taken into custody .

(3.) After registration of Shikarpur PS Case No.07/2000, investigation commenced and after concluding the same, charge-sheet was submitted, facilitating the trial meeting with the ultimate result, subject matter of the instant appeal.