SANJAY PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 16.03.2017 and order of sentence dated 23.03.2017 appellant Sanjay Patel has been found guilty for an offence punishable under Section 20(b) (ii)(c) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.1,00,000/- in default thereof to undergo S.I. for one year, additionally, under Section 22(c) of the NDPS Act sentencing to undergo R.I. for 10 years as well as to pay fine of Rs.1,00,000/- and in default thereof to undergo S.I. for a year, under Section 23(c) of the NDPS Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.1,00,000/- in default thereof to undergo S.I. for one year, additionally, with a further direction that the sentences should run concurrently, with a further direction that the period having undergone during course of trial will be set off in accordance with Section 428 of the Cr.P.C. by the Additional District & Sessions Judge-IIIrd, West Champaran, Bettiah in Trial No.48/2012 (NDPS Case No.58/2012) arising out of Kangali P.S. Case No.37/2012.

(2.) Mukesh Kumar (PW.2), Office-in-charge of Kangali Police Station while had gone to village-Maswas along with police party in order to maintain law and order on the eve of Mahaviri Jhanda, he was informed with regard to likelihood of passing of smugglers along with ganja. Accordingly, they proceeded therefrom, came at the orchard of Mithilesh Pandey and cordoned. At about 01:15, AM they perceived five persons coming having bundle over their respective heads whereupon, they pounced and during course thereof, all the smugglers began to flee after throwing the bundle. They all were chased and it is said that one person, Sanjay Patel (Appellant) was apprehended amongst them. Thereafter bundles were searched out, collected. After opening the same ganja has been found and so, seizure list was prepared in presence of two independent witnesses, namely, Mawal Mian and Imam Mian. Then thereafter, fardbeyan was recorded. After institution of Kangali P.S. Case No.37/2012, investigation commenced and concluding the same, charge sheet has been submitted facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.

(3.) Defence case as is evident from mode of crossexamination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. However, nothing has been adduced in defence.