NEERAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Neeraj Kumar has been found guilty for an offence punishable under Sec. 20 of the N.D.P.S. Act and sentenced to undergo R.I. for eight years as well as to pay fine appertaining to Rs.50,000.00 and in default thereof, to undergo R.I. for two years, additionally, under Sec. 22 of the N.D.P.S. Act and sentenced to undergo R.I. for eight years as well as to pay fine appertaining to Rs.50,000.00 and in default thereof, to undergo R.I. for two years, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dtd. 14/2/2017 and order of sentence dtd. 20/2/2017 passed by the 1st Additional Sessions Judge- cum-Special Judge, N.D.P.S. Act, Gaya in N.D.P.S. Case No.13 of 2015, arising out of Gaya Rail P.S. Case No.47 of 2015.

(2.) O/c Rail P. S. Gaya namely Raj Kumar (PW-2) recorded his self-statement on 15/5/2015 at about 8.00 P.M. divulging the fact that while he along with A.S.I. Taslim Khan, A.S.I. Lalan Kumar Singh, Hawaldar Ajit Kumar, Constable Md. Shamshad Alam, Constable Gaya Prasad were on duty, during course thereof, Bhubneshwar New Delhi Rajdhani Express came over Platform No.1. Soon thereafter, he was confidentially informed with regard to possession of Ganja by a person being in Coach No.A-2, Berth No.43, whereupon they have gone there, found one Trolley bag 24" and an Air (Pithu) bag, whereupon the same was opened and from the trolley bag, seven packets each containing 2 k.g., total-14 k.g. and from air bag, three packets each one containing 2 k.g., total-6 k.g., total- 20 k.g. Ganja were found, seized. And for that, in presence of witnesses Raja Kumar and Nageshwar Prasad, seizure list was prepared. Furthermore, Mithu Sao and his wife, who were on Birth No.44 and 45 disclosed that the aforesaid bag belongs to Neeraj Kumar, occupying birth No.43. A person, who was sitting, was interrogated and during course thereof, disclosed his identity as Neeraj Kumar, S/o Yogendra Singh of village- Kauriya, P.S.-Konch, District-Gaya. On personal search, from his possession, one ticket bearing P.N.R. No.6140941845 dtd. 15/5/2015, transition ID No.100000231620680, Voter ID Card, ID No.XXZ1650787, mark sheet issued by Magadh University were seized. Further on query, he failed to disclose/ explain possession of the Ganja, whereupon has been booked.

(3.) After registration of Gaya Rail P.S. Case No.47 of 2015, investigation was entrusted to one of the member of raiding team namely Md. Taslim (PW-3), who conducted investigation, got the seized article examined by the F.S.L., Kolkata and after receiving the report as well as concluding the investigation submitted chargesheet, whereupon trial commenced and concluded in a manner, subject matter of instant appeal.