BIR BAHADUR PANDEY, MANOJ KUMAR SINGH, ASHOK MISHRA @ ASHOK SINGH, UTTAM MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above appeals have arisen out of a common judgment as such they have been heard together and are being disposed by this common judgment.

(2.) The above appellants have preferred these appeals against the judgment and order of conviction and sentence dated 19.6.1993 passed by the Sessions Judge, Bhojpur, Ara in N.D.P.S. Case No. 50 of 1992 whereby the appellants were convicted for the offence under Sections 20(b)(1) of the N.D.P.S. Act for which they were sentenced to undergo R.I. for two years and to pay a fine of Rs. 2000/ - each and in default to undergo further R.I. for three months. No separate sentence has been passed against them for the offence under Sec. 47A of the Excise Act.

(3.) ACCORDING to the prosecution case on 16.9.1992 at about noon S.N. Uraon PW 7 the Officer In Charge of Ara Town Police Station organized a raiding cum patrolling party consisting of S. Is. Akhilendra Kumar Singh, Rabi shankar Prasad, A.S.Is. S.N. Pd. and Amarnath Singh. After raiding different places the raiding party reached near the line hotel of one Gopoal Rai where three persons with a VIP suit case were getting down from a bus. At that time the police party was on a jeep bearing No. BR -3 -2590. One person was standing with scooter No. BR3 -3512. At the sight of police party the accused persons tried to escape away with the scooter. Three persons succeeded in escaping but one was left there with VIP suit case. The raiding party caught him who disclosed his name as Uttam Mandal. He disclosed the name of other persons who have succeeded in escaping. Those persons were caught on the road near the residence of Sessions Judge, Bhojpur. They disclosed their name as Bir Bahadur Pandey, Manoj Kumar Singh and Ashok Kumar Mishra. The suit case was seized and searched which contains approximately 10 Kg. Ganja. The accused persons were smuggler who used to bring Ganja for selling the same. The case was registered. After investigation charge sheet was submitted. Cognizance was taken.