LAWS(PAT)-2019-7-139

JUNAID ALAM Vs. STATE OF BIHAR

Decided On July 04, 2019
Junaid Alam Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellant Junaid Alam has been found guilty for an offence punishable under Section 20(b)(ii)(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, 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 and in default thereof, to undergo R.I. for one year, with a further direction to run the sentences concurrently with a further direction that the period having undergone during course of trial will be subject to set off in accordance with Section 428 of the Cr.P.C. by the 5 th Additional Sessions Judge, West Champaran at Bettiah relating to trial No.56 of 2012.

(2.) A.S.I. Nagendra Singh (PW-8) recorded his self-statement on 11.08.2012 disclosing therein that while he along with other police personnels were engaged in vehicle checking, a motorcycle came, whereupon signaled to stop. As soon as it stopped, pillion rider ran away, however, driver was apprehended. On search, packets having wrapped with his thigh, arm has been found. On interrogation, the accused has disclosed to be Charas. Furthermore, on query, the accused disclosed his identity as Junaid Alam, appellant/ accused and also disclosed identity of his accomplice as Feku Mukhiya, son of Moti Mukhiya, village-Murli Tola Bhilahi, P.S.-Bhilahi, District-East Champaran at Motihari), accordingly, seizure list was prepared.

(3.) After registration of Chautarba P. S. Case No.156 of 2012, investigation commenced and after concluding the same, chargesheet has been submitted, facilitating the trial, meeting with ultimate result, subject matter of instant appeal.