SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Santosh Kumar and Fulchand Ram have been found guilty for an offence punishable under Section 20(b) (ii) (c) of the NDPS Act (in short 'the Act'), each one has been sentenced to undergo RI for ten years as well as to pay fine of Rs. 1,00000/-(One Lac) in default thereof, to undergo RI for three years vide judgment of conviction dated 15.01.2016 and order of sentence dated 16.01.2016 passed by Special Judge, Buxar in NDPS Case No. 07/2008.

(2.) Before having cadence of relevant facts, it looks appropriate to incorporate the fact that after arrest of these two appellants, an inculpatory confessional statement of appellant, Santosh Kumar was recorded whereunder there was disclosure against co-accused, Jai Prakash Singh @ Majhil Singh (since acquitted) who surrendered before the learned lower court, later on, on account thereof, NDPS Case No. 7- A/2008 independently sailed against him but, by virtue of common judgment, both the cases, that means to say, NDPS Case No. 7/2008 and 7A/2008 have been dealt with acquitting, the aforesaid Jai Prakash Singh @ Majhil Singh while these two appellants have been convicted.

(3.) The prosecution case as is evident from the self statement of P. Ranjeet Singh, Officer-in-charge of Industrial Area Police Stated, Buxar (PW 3) recorded on 17.09.2008 at about mid-day divulging therein that while he along with ASI, Bali Ram (PW 2), Constable, Jaikumar, (PW 6), Lalji Ram (PW 1), Kamlesh Pande (not examined), Shivjee Singh (PW 5) were engaged in vehicle checking in front of police station on Ara-Buxar main road at about 10 O'clock, one Hero Honda occupied by two persons came in high speed. Pillion rider has kept a bag in between over the motorcycle. Seeing the police, the driver diverted the direction whereupon, they became apprehensive, chased them with police jeep and then, near Buxar Golumber, Hanuman Temple, the motorcyclist was intercepted, cordoned and then they were interrogated. During course of interrogation, the driver has informed his name as Santosh Kumar while the pillion rider as Fulchand Ram. In presence of two seizure list witnesses, they were searched out and during course thereof, from the pocket of Santosh, cash appertaining to Rs. 10,000/- of different denominations, a Nokia mobile bearing SIM No.9006847604 was seized. From the physical possession of Fulchand nothing has been recovered. When the bag possessed by him was seen, smell of Ganja was there, whereupon, they perceived the bag having Ganja, whereupon they both were offered to be searched in presence of Gazetted Officer/Magistrate. They both admitted that Ganja is there and, they are ready to be searched by them. Thereafter, bag has been searched and during course thereof, Ganja has been found. After taking weighing machine from nearby shop, it was weighed and found to be 20 Kilograms. Motorcycle has also been seized and for that, seizure list has been prepared in presence of both the witnesses, namely, Jagdish Thakur (PW 4) and Bashisth Sah (PW-7). A copy thereof, has been served upon both the accused persons who also put their signature/LTI. Thereafter, sample was taken out therefrom weighing one KG, and then, it was sealed bearing mark S-1, S-2 having signature of witnesses, both the accused and he himself along with another officer of the raiding party. The remaining 18 Kilograms of Ganja was also sealed in similar way having signature of all of them and marked as 'A'. Then thereafter, the specimen seal has also been prepared in presence of the witnesses who put their signature. Then thereafter, they have come to the police station.