KALIKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal No. 122 of 1991 is directed against the judgment of conviction and order of sentence passed on 27 -2 -1991 in Sessions Trial No. 621 of 1989 by which 2nd Addl. Sessions Judge, Muzaffarpur convicted the appellant Kalika Prasad under Section 23 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred as the Act) and sentenced him to undergo rigorous imprisonment for ten years and also to pay a fine of one lakh and in default to pay fine, to undergo further R.I. for six months.

(2.) Prosecution case in brief is that on 26 -10 -88 on getting secret information, Customs staff of Muzaffarpur intercepted this appellant at Bairia Bus Stand and on search of his person, 350 grms. of brown sugar (Heroin) valued at Rs. 7,50,000 was recorded from his 'Langotia'. Further, the case of prosecution was that the statement of this appellant was recorded under Section 107 of the Customs Act before two independent witnesses and the accused was also interrogated by the Assistant Collector of Customs (P), Muzaffarpur and Complaint Case No. 31 /89 was filed in the Court of Chief Judicial Magistrate, Muzaffarpur and after commitment of the case, the appellant was put on trial and was convicted aforesaid.

(3.) The defence of the appellant was that he was falsely implicated in this case.