BINDU CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed on behalf of appellant, under Sec. 430 of the BNSS, 2023 for suspension of sentence dtd. 12/7/2024 passed by learned Sessions Judge-cum-Special Judge, NDPS, Chatra in NDPS Case No. 79 of 2019 arising out of Kunda P.S. Case No. 19 of 2019, whereby and whereunder, the appellant has been found guilty of the offence under Sec. 18 of the NDPS Act and accordingly sentenced to undergo Rigorous Imprisonment for 15 years with fine of Rs.1,50,000.00. Prosecution Case

(2.) The prosecution case, in brief, as mentioned in the impugned order of judgment, is that one Birsa Uraon-SI of Kunda PS along with police party proceeded from PS on 7/3/2019 at about 04.00 PM, for investigation of pending cases and conducting raid. At about 04.45 PM, he reached near village chiloi and found one person coming from chiloi side by Motorcycle. Finding the police party, he escaped leaving a plastic bag over his TVS Apache Motorcycle No. JH 13E 9973. Motorcycle was searched and wet opium kept in four polythene pack was found. Upon weighing the wet opium in the four bags are found weighing 02.400 Kg; 02.500 Kg; 02.200 Kg; 02.200 Kg in total 09.300 Kg.

(3.) Accordingly, seizure list was prepared. Later on, one person reached and disclosed that this Motorcycle is of Bindu Choudhary who is indulged in illegal trade of opium and today he was going with opium but finding the police party, he escaped leaving his Motorcycle.