SUDHIF KUMAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises out of the judgment of conviction dated 03rd September, 2009 and order of sentence dated 08th September, 2009 passed in D.R.I. Case No. 23 of 2003 by the 5th Additional Sessions Judge, Muzaffarpur whereby the trial Court has found and held the appellants guilty for the offence punishable under Section 25 of the Narcotic Drugs and Psychotropic Substances Act and sentenced them to undergo rigorous imprisonment for ten years and at the same time they have to pay fine of Rs.one lakh each.

(2.) THE prosecution case is that the complainant, who is an Intelligence Officer in Directorate of Revenue Intelligence, Muzaffarpur, acting on secret information, on 28.09.2003 along with others members of the raiding party intercepted container truck, bearing Registration No. AS -25(B) -0446. The said truck was intercepted at Kanti in the district of Muzaffarpur, weighing 302.5 Kgs. of ganja was recovered from the container truck, which was seized.

(3.) THE Counsel appearing on behalf of the appellants has stated that the entire manner, in which the seizure was conducted, the manner in which the weight was taken and the fact that the seizure list witnesses have not been examined, would indicate that in fact the prosecution has not been able to show that they have seized ganja from the possession of the appellants.