SANTOSH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since all these three appeals originate against common judgment of conviction dated 30.07.2018 and order of sentence dated 01.08.2018 passed by the learned Additional Sessions Judge VIth, Bhojpur at Ara in connection with NDPS Case No. 7 of 2016, arising out of Udwantnagar P.S. Case No. 157/2016, whereby and whereunder appellants, namely, Raj Kishore Paswan, Santosh Paswan and Noor Hassan have been found guilty for an offence punishable under Section 20(b)(ii)(c) of the NDPS Act and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. 1 lac, in default thereof, to undergo S.I. for one month, additionally, on account thereof, have been heard analogously and are being disposed of by a common judgment.

(2.) Rajiv Kumar (PW-3) recorded his self-statement on 03.04.2016 at about 11:45 hrs. at Asni Pool, disclosing therein that after getting confidential information with regard to transportation of narcotic substance (Ganja) over a car bearing Registration No. CG-04PC/1658, a raiding party was constituted and cordoned the road. After seeing the vehicle, they signalled to stop and thereafter, they have found the vehicle occupied by three persons, who disclosed their name on interrogation as, Raj Kishore Paswan, Santosh Paswan as well as Noor Hassan. It has further been alleged that in presence of Jai Shankar Kumar, Pawan Chaudhary, the aforesaid persons were searched out. Driver, who disclosed his identity as Santosh Paswan, was found in possession of Samsung mobile and cash appertaining to Rs. 1,000/-, from the possession of Noor Hassan, who was sitting by the side of driver, a mobile of Sansui mark as well as cash appertaining to Rs. 500/- was recovered, from the possession of Raj Kishore Paswan, who was sitting on rear seat, mobile of Samsung brand as well as cash appertaining to Rs. 1,100/- was found, followed with respective seizure-list. It has also been disclosed that during search, there was smell of Ganja whereupon, vehicle was searched and 83 rectangular bundles were found, out of which, two bundles weighing 2kg. each, rest 1kg each, totalling 85 kg and for that, a separate seizure-list was prepared. It has also been disclosed that the aforesaid persons disclosed Arwal Singh as well as Chhotu Mistry to be the owner of the Ganja and further, they are actively involved in Ganja trade. Accordingly, the Ganja, vehicle along with three accused persons brought to police station. After registration of Udwantnagar P.S. Case No. 157/2016, investigation commenced and after concluding the same, charge-sheet has been submitted, facilitating the trial, meeting with the ultimate result, subject-matter of the instant appeal.

(3.) Defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is of complete denial. It has further been pleaded that they have been purposely, intentionally victimized. One D.W. has also been examined on behalf of Noor Hassan.