NAGENDRA SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant Nagendra Sah has been found guilty for an offence punishable under Section 20(b) (ii) (C) of the NDPS Act as well as under Section 22(c) of the NDPS Act and for that directed to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.1,00,000/- and in default thereof, to undergo S.I. for one year, additionally independently, respectively, with a further direction to run the sentences concurrently, with a further direction that the period having undergone be set off in accordance with Section 428 of the Cr.P.C. by the judgment of conviction dated 03.08.2016 and the order of sentence dated 09.08.2016 passed by the 6th Additional District and Sessions Judge, West Champaran at Bettiah in NDPS Trial No.08 of 2014 arising out of Bhangaha P.S. Case No.35 of 2013.

(2.) Ashish Kumar Dwivedi (PW-5), S.I. of SSBE, Narkatiyaganj recorded his self statement on 31.08.2013 divulging the fact that after getting an information from his source with regard to passing of smugglers carrying narcotic substance from Nepal to India, instructed the armed personnel to be vigilant while they proceeded for day patrolling. During course thereof, they have seen one motorcycle coming from Nepal territory and as soon as intruded inside the Indian territory and covered a distance of 550 yards they signaled to stop. On search, nothing incriminating has been found from the physical possession of the accused but, on search of dickey, 12 packets of Hasis (Charas) have been found. After examining through digital weighing machine 5.800 Kg of Charas was found and for that, it has been alleged that the apprehended accused confessed his guilt, disclosed his identity as Nagendra Sah, son of Rajwanshi Sah of Village- Inarwa Tola, PO- Inarwa, Distrct West Champaran and also disclosed that aforesaid Charas was handed over to him by Sadish Mian of Village- Pipdari, P.O.- Sekha, District Parsa (Nepal) to hand it over, and for that provided mobile no.8294664214 to be called for its delivery and, as a carrier he got Rs.1200/-. Accordingly seizure list, arrest memo etc. were prepared including the inculpatory extra judicial confessional statement, superior officials have been informed and then, accused along with the seized articles, all the relevant documents, written report were produced before the Bhangaha Police Station, on the basis of which Bhangaha Police Station Case No.35 of 2013 was registered, investigated, followed with submission of charge-sheet, facilitating the trial, meeting with ultimate result, subject matter of instant appeal.

(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. is that of complete denial. However, nothing has been adduced in defence.