YADUNANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the appellants have been convicted for offence under sections 20 and 23 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act) by the impugned judgment and order dated 27.1.2006 and 30.1.2006 passed in Trial No. 19 of 2002 by 1st. Addl. Sessions Judge, West Champaran at Bettiah -cum -Special Judge under the N.D.P.S. Act. For offence under sec. 20 of the N.D.P.S. Act they have been sentenced to undergo Rigorous Imprisonment for 20 years and pay a fine of Rs. 1,00,000.00 each or in default to undergo Simple Imprisonment for one year. For offence under sec. 23 of the N.D.P.S. Act they have been further sentenced to undergo Rigorous Imprisonment for ten years and also a fine of Rs. 1,00,000.00 each, failing which they are further sentenced to undergo Simple Imprisonment for one year. Both the sentences have been ordered to run concurrently.

(2.) ACCORDING to the prosecution report (Exhibit -7) lodged by Uma Shankar Sharma, Superintendent Customs (Preventive), Circle Bettiah (P.W. 5) on the basis of information the Preventive Party of Customs Department headed by P.W. 5 stopped a jeep bearing Registration No. MLS 7997 on 2.4.2002 at about 5.00 hours. As soon as the Jeep stopped two persons jumped and managed to flee away. Person driving the jeep and another person were apprehended and they disclosed their names as Yadunandan Singh (Appellant No. 1) and Nav Balak Rai (Appellant No. 2). According to prosecution report on search a secret chamber was located in the jeep and from there 100 Kilograms of Ganja and 20 Kilograms of Charas were recovered. The value of Ganja and Charas were assessed as Rs. 2 lakhs and Rs. 6 lakhs respectively and the value of the jeep was assessed as Rs. 50,000/ -. The two apprehended accused were taken to Customs Office, Bettiah for further investigation and interrogation where they allegedly made their voluntary statements (Exhibits 1 and 1/1) and their interrogatory statements were also recorded and marked as Exhibits 2 and 2/1.

(3.) ON the basis of prosecution report Complaint Case No. 8 -0.C/2002 was instituted leading to earlier mentioned trial no. 19 of 2002. It appears from the records that the accused persons denied the allegations and pleaded innocent and therefore they were put on trial.