RANJEET KUMAR @ MANJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Ranjeet Kumar @ Manjeet Kumar having been found guilty for an offence punishable under Section 20-b (ii) of the NDPS Act, sentenced to undergo RI for five years as well as to pay find appertaining to Rs. 50,000/-, in default thereof, to undergo RI for one year, additionally, vide judgment of conviction dated 23.06.2016 and order of sentence dated 28.06.2016 passed by 6th Additional Sessions Judge, Muzaffarpur in Custom Case No. 206/1998.

(2.) As is evident from the record, the case of the prosecution as per complaint filed by Sinchit Prasad, Inspector of Customs is that while he along with other Custom Officials were engaged in checking, found a person inside a bus in suspicious condition whereupon, searched out and during course thereof, Ganja has been found wrapped around his body. That being so, that person was taken to Custom Office, Muzaffarpur where seizure list was prepared in presence of two independent seizure list witnesses after seizure of the Ganja weighing two kilograms. Interrogated upon in presence of Assistant Commissioner, Customs. There happens to be further divulgence that some part of the Ganja has been taken out from the stock (weighing 2 Kilograms) and the same was sent to Gazipur for examination.

(3.) It is further evident from the records that cognizance of an offence punishable under Section 23 of the NDPS Act for violation of Section 8 of the NDPS Act was taken vide order dated 04.04.1999 and then thereafter, the witnesses before charge were examined on respective dates i.e., PW-1 on 09.09.1999, PW-2 on 20.12.2006 and PW-3 on 07.05.2007. Thereafter, on 05.11.2007 charge has been framed under Section 20-b (ii) of the NDPS Act and then, witnesses were recalled for cross-examination, PW-2 was discharged on 01.12.2007 while PW-1 and PW-3 on 08.08.2008. It is further evident that record was transferred to the court of 9th Additional Sessions Judge where FSL report was exhibited vide order dated 12.08.2011 being as public document. After passing over so many dates, all of a sudden, on 17.08.2012, charge has been re-framed under the aforesaid Section and then, Sinchit Prasad who was earlier examined as PW-2, has been examined as PW-1 and D.P. Gupta who was examined as PW-1, has been examined as PW-2. Thereafter, the case has been closed, statement of the accused has been examined and then, after hearing learned respective counsels of both the parties, the judgment impugned has been passed.