RAMAKANT SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Ramakant Sah has been found guilty for the offence punishable under Section 20(b)(ii) (c) and 23 (c) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay a fine appertaining to Rs. One lakh and in default thereof to undergo an additional period of imprisonment of six months, respectively with a further direction to run the sentences concurrently by the judgment of conviction dated 30.03.2016 and order of sentence dated 05.04.2016, passed by the 3rd Additional Sessions Judge-cum-Special Judge NDPS, East Champaran at Motihari in NDPS Case No. 162/16/ 2012- 15, arising out of LCS (Land Custom Station) Raxaul Unit Case No. 66 of 2012.

(2.) The complainant, Nikhil Deo Awasthee, P.W.1, after due inquiry, filed a complaint petition putting an allegation that on 16.12.2012 at about 5.00 P.M. while he along with other custom officials during routine checking at land custom station, Raxaul, Nepal found a person coming from Nepal over a bicycle. The officials concerned perceived his activity suspicious whereupon, he was intercepted in presence of two independent witnesses, namely, Pradeep Kumar and Niraj Bharti. He was asked whether he intends to be searched out in presence of a gazetted office of the department or before a Magistrate, whereupon, he answered that he would like to be searched out before a gazetted officer of the concerned department. That being so, he was taken to in presence of Brijesh Kumar (P.W.5) and on search 3 kg of charas was found from his possession having wrapped with his body (over belly as well as chest). Seizure list was prepared, samples were prepared, after legal formalities were completed. Accused was taken into custody, remanded to judicial custody. Sample was forwarded for chemical examination. The same has been found to be Charas. Brijesh Kumar, Nikhil Deo Awasthee, Dharmendra Kumar Srivastava, Kumar Anshumali, Ritesh Kumar, Alok Ranjan, Syed Buniyad Hussain, Navin Kumar Sinha, Rakesh Kumar Singh and Keshav Prasad, along with two independent witnesses Pradeep Kumar and Niraj Bharti, have been cited as the witness. It has also been disclosed that the accused was interrogated wherein he has admitted his status as carrier of contraband article.

(3.) Defence case, as is evident from the mode of cross- examination as well as the statement recorded under Section 313 of the Cr. P.C, there happens to be complete denial of the allegation. However, nothing has been adduced on behalf of the defence.