LAL BABU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to rigorous imprisonment for 14 years and fine of Rs. 1 lac or, in default of fine, imprisonment for two years. He has also been convicted under Section 22 of the Act but no separate sentence thereunder has been passed.

(2.) THE prosecution case, shortly stated, is that S.I. Amar Nath Tiwari, Officer Incharge of Raxual GRPS was on duty along with police force at Raxual Railway Station at the time of arrival of Gandak Express on M.G. Platform No. 3 on 29-10-1999 at 8.15 a.m. He saw the appellant entering Bogie No. 7882 from the opposite side with bag in his hand. Getting suspicious he entered the bogie. Seeing him and the police party the passenger tried to escape. He was however caught by the police party. Search of the bag yielded recovery of nine bags in markin cloth containing articles which appeared to be Charas. The appellant disclosed that it was brought by one Manoj Sah Sonar of Raxaul from Hiton Town Nepal and intended to be taken to Kanpur.

(3.) AT the trial the prosecution examined seven witnesses to prove its case including said Dahari Ram as PW 3, Amar Nath Tiwari as P.W. 4 and Yogendra Prasad as PW. 7. Two Constables Arbind Kumar Mishra and Ram Naresh Rai one of whom was tendered, were examined as PWs. 5 and 6. The prosecution also examined the seizure witnesses namely Rahim Mian and Uday Singh as RWs. 1 and 2. They however turned hostile and did not support the prosecution case. At the end of the trial the trial Court convicted and sentenced the appellant as indicated above.