NANDU PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of judgment of conviction dated 15.04.2013 and order of sentence dated 17.04.2013 passed by Sri Bhuybnanand Jha, learned 1st Additional Sessions Judge -cum -Special Judge, West Champaran, Bettiah, in Trial No. 22 of 2009 (arising out of Sikta P.S. Case No. 16 of 2009) by which the appellant had been convicted for offence under 20(b)(ii)(c) of N.D.P.S. Act and sentenced to undergo rigorous imprisonment for ten years and payment of fine of Rs. 1,00,000/ - and payment of fine of Rs. 1,00,000/ - and in default of payment of fine further sentenced to undergo simple imprisonment for one year.

(3.) The prosecution case as alleged in the First Information Report by the informant Nashib Singh, Inspector, S.S.B.E. Company 27 Battalion Sikta posted as Company Commander that on receipt of secret information he posted his employees and kept vigil at Pillar No. 408. At about 21.30 hours some people were seen coming from Nepal to India and some articles were on their head as soon as they reached near the patrolling party they started fleeing away and some people managed to flee away, but raiding party catch hold of one person during his fleeing away and disclosed his name as Nandu Prasad and from his possession 70 Kg. Nepali Ganja was recovered. On enquiry from the person who apprehended disclosed that with him there were three more associates with him and they had fled away after throwing articles and disclosed their names as Ram Swaroop, Sahjad and Ramayan.