SUNIL KUMAR SAHNI. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Rajulal Gupta (Cr. Appeal No. 3493/2017) and Sunil Kumar Sahni (Cr. Appeal No. 95/2018) have conjointly been found guilty for offence punishable under section 20(b)C of the N.D.P.S. Act as well as under section 22(c) of the N.D.P.S. Act and under both count each of them has been sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs. One Lakh independently but, there happens to be no direction that in default of payment of fine what will be the ultimate result, with a further direction to run the sentences concurrently and further, the period having undergone during the course of trial be set off in accordance with Section 428 Cr.P.C. by the judgment of conviction dated 19.9.2017 and order of sentence dated 6.10.2017 passed by the Addl. Sessions Judge I cum Special Judge, N.D.P.S., Gopalganj in Trial No. 33/2015 arising out of Jadopur P.S. Case No. 36/2015, on account thereof both the appeals have been heard conjointly and are being disposed of by a common judgment.

(2.)  The case of the prosecution as is found projected on the basis of self statement recorded by Amit Kumar Singh (P.W.5), S.I. of Jadopur P.S. on 21.5.2015 divulging therein that in the preceding night he alongwith Hawaldar Umesh Kumar Prasad (P.W.1), Constable Santosh Kumar (P.W.2), Gulam Murtaja (P.W.3), Deepak Kumar (P.W.4) alongwith the driver gone in night patrolling, on 21.5.2015 at about 4.30 A.M. When they came near Chatur Bagaha Dhala, they have seen one truck having been parked. One Bolero Jeep of silver colour was behind the truck. As soon as they have seen the police jeep, the occupant of the Bolero Jeep driven away and managed to escape therefrom. Three persons being occupants of the truck have jumped out from the cabin of the truck and unsuccessfully tried to escape but they were apprehended at the spot itself. On query, they all disclosed their identity as Rajulal Gupta, son of late Banshidhar Gupta, of village Rampur Sitwahi, P.S. Sahebganj, District Muzaffapur, Sunil Sahni, son of Sudama Sahni, of village Jadopur Puraina Tola, P.S. Jadopur, District Gopalganj and Pintu Prodhan, son of Bhuleshwar Prodhan of village Godawan, P.S. Barkut, District Deogord (Orissa). They on query also disclosed that there happens to be Ganja in the truck. They have also disclosed that the owner of the truck happens to be Hasinder Yadav on whose instance Ganja has been transported from Orissa to this place. It has also been disclosed by him that 40 Kg. 700 grams of Ganja happens to be in a box of the cabin of the truck while 160 Kgs. of Ganja had already been carried away over the Bolero. Accordingly, a requisition was made by him to Jadopur P.S. for transmitting the seizing materials, weighing machines and in likewise manner, to the administration for deputation of an Executive Magistrate for the purpose of search, seizure and sample. After arrival of the Magistrate, the search and seizure was made, Ganja was taken out from the box of the cabin and on weight it was 40 Kg. 700 grams, sample was prepared, sealed and having identified as S1, S2 bearing signature of the seizure list witness (P.W.2, P.W.3), the police personnel as no one could dare to come forward as a seizure list witness. The remaining Ganja was also sealed after proper wrapping. The accused persons also disclosed the names of the occupants of Bolero Jeep as Hasinder Yadav, Bhabhuti Yadav and Sri. Ram Singh and two unknown.

(3.) After registration of Yadopur P.S. Case No. 36/2015 investigation proceeded, concluded and so many charge sheets on account of appearance of the accused in different stages, have been filed facilitating the trial and so far the appellants are concerned, they alongwith Sri. Ram Singh have been proceeded under the present trial meeting with ultimate result, subject matter of the instant appeals.