FIROZ SHEIKH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is preferred by the sole appellant, Firoz Sheikh who has been found guilty for an offence punishable under Section 15 of the NDPS Act and sentenced to undergo RI for ten years as well as to pay a fine of Rs. 1 Lakh in default thereof, to undergo RI for six months, under Section 22(C) of the NDPS Act whereunder also, he has been directed to undergo RI for ten years and to pay a fine of Rs. 1 Lakh in default thereof, to undergo RI for six months with a further direction to run the sentences concurrently vide judgment of conviction dated 20.07.2012 and sentence dated 25.07.2012 inflicted by 1st Additional and Sessions Judge -cum -Special Judge, NDPS, West Champaran at Bettiah in Dhangaha PS Case No. 13/2009, Trial No. 29/2009.

(2.) WHILE SSB Officers along with Sepoy were on night patrolling, they saw a tractor along with trailer coming from Nepal, a foreign country, laden with gunny bags, over which they signaled the vehicle to stop. The driver stopped the vehicle and when he was interrogated, he disclosed his identity as Firoz Sheikh from Nepal. Further, on search, 10 quintals & 75 Kgs of Opium Bark kept in 53 bags were recovered and seized from the trailer. Although, there was no display of registration number, however, the driver disclosed the registration number of tractor bearing BR -20A -2120. However, no registration number was disclosed with regard to trailer. Seizure list was prepared followed with other paraphernalia relating to arrest, and then, accused along with seized articles including tractor and trailer were produced before the police along with written report submitted by an Inspector of SSB, namely, Gokul Chandra Dey, (PW -2) whereupon the O/C prepared production -cum -seizure list followed with registration of Dhangaha PS Case No. 13 of 2009 under Section 20/22 of the NDPS Act. Investigation was taken up. Got the seized article scientifically examined by FSL, Patna and after conclusion of investigation charge -sheet was submitted whereupon, after cognizance trial commenced and concluded in a manner, subject matter of instant appeal.

(3.) THE prosecution, in order to support its case, had examined altogether seven PWs out of whom, PW -1, Akinapatti Sampath, PW -2, Gokul Chandra Dey, PW -3, Soban Singh, PW -4, Narendra Kumar, PW -5, Idris Mian, PW -6, Altaf Mir and PW -7, Matiur Rahman.