SUHEL AHAMAD @ SUHAIL AHAMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.3512 of 2018 wherein Suhel Ahamad @ Suhail Ahamad is the appellant and Cr. Appeal (S.J.) No.3476 of 2018 wherein Washim @ Chhotu is the appellant, have been found guilty for an offence punishable under Section 20(b)II)(b) of the N.D.P.S. Act and each one has been directed to undergo R.I. for five years as well as to pay fine appertaining to Rs.25,000/- and in default thereof, to undergo S.I. for three months, additionally, with a further direction to set off the period having undergone during course of trial in accordance with Section 428 of the Cr.P.C. by the 6 th Additional Sessions Judge, Bhojpur at Ara in N.D.P.S. Case No.02 of 2016 arising out of Udwantnagar P. S. Case No.93 of 2016 vide judgment of conviction dated 04.07.2018 and order of sentence dated 07.07.2018, on account thereof, heard analogously and are being decided by a common judgment.

(2.) As is evident from the self-statement of Rajiv Kumar (PW-4), the then O/c of Udwantnagar P.S. recorded on 30.01.2016 over Arrah-Sahar road near Bhagwanpur Bridge divulging therein that today the team came to the police station and informed that Ganja is to be carried by an Alto Car as well as Bolero Jeep, whereupon after informing the superior officials, a raiding party team was constituted and then, they ambushed at Arrah-Sahar road near Bhagwanpur bridge. First of all, they seen Alto car, which was signaled to stop and the occupant thereof, who are the appellants, were apprehended. On interrogation, they disclosed that they are simply escorting, Ganja is being carried on Bolero Jeep, which is just following. After sometime, the Bolero Jeep was perceived, which was also signaled to stop and accordingly, the driver Sonu Kumar was apprehended. It has further been disclosed that on checking, from the dickey of Alto car, five packets of Ganja was seized while from the Bolero Jeep, 30 packets of Ganja was seized weighing 32.350 kilograms.

(3.) After registration of Udwantnagar P. S. Case No.93 of 2016, investigation commenced and concluded by way of submission of chargesheet, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.