BACHAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In aforesaid three appeals, all the appellants were convicted and sentenced in Trial No. 71 of 2010 (arising out of Gopalpur P.S. Case No. 73 of 2010) and as such, all the three appeals were heard together and are being disposed of by this common judgment.

(2.) Appellant Bachan Sah (in Cr. Appeal DB No. 341/15) has been convicted under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. 1,00,000/- (one lac). In default of payment of fine, the appellant Bachan Sah was further directed to undergo imprisonment for six months, whereas, two appellants i.e. Yamuna Sah @ Jamuna Sah (in Cr.Appeal DB No. 946/14) and Ainul Dhobi (in Cr.Appeal DB No. 313/15) were also convicted for offence under Section 22 (C) of the NDPS Act and both have been directed to undergo rigorous imprisonment for 12 years with fine of Rs. 1,20,000/- (one lac & twenty thousand) each. In default of payment of fine, they were further directed to undergo imprisonment for 8 months. All the appellants have been convicted and sentenced by Sri Rakesh Pati Tiwari, learned Additional District and Sections Judge VI, Bettiah, West Champaran in Trial No. 71 of 2010.

(3.) Short fact of the case is that on 02-07-2010 at 11.40 hrs., Sub-Inspector of Police Sri Priyavrat (P.W.2), officer incharge of Gopalpur Police Station recorded his self-written statement at the house of Yamuna Sah @ Jamuna Sah (appellant in Cr. Appeal DB No. 946/14) in village Kadamwa, P.S. - Gopalpur (West Champaran). In the selfwritten statement, he recorded that on 02-07-2010, in morning at 9:50 AM, he received secret information that in village Kadamwa near bank of a river, Ainul Dhobi (appellant in Cr. Appeal DB No. 313/15), Bachan Sah (appellant in Cr.Appeal DB No. 341/15) and some other nearby residents, with a view to smuggle Ganja, had concealed the same in their houses. After making sanaha entry no. 31, the informant with following persons proceeded in a police jeep with home- guard driver Vijay Pandey (P.W.5) to verify the said information:-