MADHU KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 12th August 2009 whereby the learned 9th Additional Sessions Judge, Muzaffarpur convicted the Appellant for offence punishable under Section 20(b) (ii) (c) of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as 'the Act') and awarded sentence of rigorous imprisonment for fourteen years together with fine of Rs. 2 Lacs. For default in depositing the fine the Appellant will have to undergo further imprisonment for two years.

(2.) According to the prosecution case the Customs Division, Muzaffarpur on 29.09.2003 at 8.00 hours received a telephonic message that 100-150 Kilograms of Ganja sealed in a cavity in the back side of jeep bearing Registration No. UTZ 180 is scheduled to proceed from Dhaka (East Champaran) towards Dorikganj Ghat, Chapra. Under one M.P. Singh, Inspector (Prevention) a team was rushed towards Motihari Road after discussion with Superior Officers. After reaching Motipur the team led an ambush and it noticed the said jeep on 20.09.2003 at 1700 hours. It was stopped and three persons including the driver of the jeep Tuntun Rai, this Appellant and one Md. Javed Khan were found in the jeep. On examination, the team spotted the cavity which was screw fitted and detected smell of Ganja. On account of concern for security and lack of tools for opening the cavity the jeep along with three occupants and two Punches were brought to Customs Division Office at Muzaffarpur. The cavity was opened before the two Punches and it yielded 14 packets of Ganja whose gross weight was 108 Kilograms, valued at Rs. 2,14000/-. The same was seized along with the jeep which was valued at Rs. 2 Lacs. The occupants gave confessional statements that they were involved in carrying of Ganja from Nepal as per their statement recorded before Custom Officers.

(3.) Further case of the prosecution is that three samples were drawn from the seized Ganja in presence of the Punches and the accused and sent to Government Testing Laboratory at Ghazipur and Neemuch on 01.10.2003 for chemical examination. The result of chemical examination dated 21.10.2003 from Government Opium & Alkaloid Works, Ghazipur showed the sample to be Ganja. After recording the Interrogatory Statement under Section 67 of the Act and completing other formalities a complaint was filed against the Appellant and two others before the Court of District & Sessions Judge, Muzaffarpur. On 14.11.2003 by Kundan Kumar Jha, Inspector of Customs Division, Muzaffarpur arising out of Customs Case No. 75/2003-2004 dated 29.09.2003.