UMESH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) For the purpose of consideration of prayer for bail when the record has been gone through, it has been found that on account of inherent defect persisting on the record it looks appropriate to hear the appeal on its merit than to keep the matter pending furthermore. Accordingly, heard learned counsel for the appellant as well as learned A.P.P.

(2.) Appellant Umesh Sah has been found guilty for an offence punishable under section 20(b)(ii)B of the N.D.P.S.Act and sentenced to undergo R.I. for six years as well as to pay fine appertaining to Rs.50,000/- and in default thereof, to undergo imprisonment for one and half years with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 Cr.P.C. by the Sessions Judge cum Special Judge, N.D.P.S.Act, West Champaran at Bettiah vide judgment of conviction dated 3.4.2019 and order of sentence dated 5.4.2019 relating to Trial No. 07/2009 arising out of Sugauli Rail P.S.Case No. 97/2008.

(3.) Shivpujan Ram, O/C of Rail Police, Bettiah recorded his self statement on 17.12.2008 at about 10.15 A.M. disclosing therein that during course of patrolling while he alongwith other police personnel was on Platform No.1, got confidential information with regard to presence of two persons having an attache full of Ganja. Accordingly, they proceeded towards the destination but the aforesaid two persons, seeing the police coming towards them, ran alongwith attache. One person managed to succeed in fleeing away while the other, who was carrying the attache, was apprehended, who on interrogation disclosed his identity as Umesh Sah (appellant). Furthermore, on query he disclosed that the person who absconded is named as Munna Sah who has taken away the key and so, he is unable to open the attache. Then, thereafter, in presence of two witnesses, namely, Mahesh Sah and Subhan Mian, lock of attache was broken and opened. Ganja was found inside which on weighing happen to be 16 Kgs. (7+7+2) for which Umesh Sah has further disclosed that he has got no paper to justify the possession.