HARENDRA PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The solitary appellant preferred this appeal against his conviction for the offence punishable under Sections 20(b) IIC of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called as the "Act") and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/-, in default, to further suffer simple imprisonment for 1 year, as awarded by 4th Additional Sessions Judge, Muzaffarpur vide judgment of conviction and order of sentence respectively dated 13th & 18th Day of August, 2010 passed in Custom Case No. 147 of 2007 / Trial No. 32 of 2010.

(2.) The prosecution case in short as reveal from the complaint petition (Ext.- 3) of P.W.3, Inspector of Custom, is that acting on some secret information at about 11.10 hours at Kanti Road, Muzaffarpur, wherein, the Custom Officers of Muzaffarpur intercepted a Fiat Car bearing Registration No.- B.H.I.-2151 having red cross (+) sign on its front screen, but the driver (appellant) initially tried to accelerate, however, for about 2 kilometers chase it could be intercepted and the driver (appellant) was apprehended and from the Dicky of the car small bundles of Ganja wrapped in polythene sheet was found kept concealed in specifically made false chamber in the Dicky and some of the bundles were also recovered from inside bonnet of the Car kept in same fashion and total number of bundles were 42 and weighed 51 kilograms. Thereafter, the photographs were taken on the spot (not produced as exhibit) and the value of recovered contraband article was worth Rs. 1,02,000/- and the value of recovered Fiat Car was worth Rs. 60,000/- and the driver (appellant) stated that the Car was handed over to him by one Sanjay Yadav and Yogendra, who were also on black colour new splendor motorcycle without registration. In the statement recorded under Section 67 of the "Act" he further accepted that he was acting as a carrier only by above named two persons, but dined ownership of such articles and he worked only for remuneration of Rs. 200/- and further in compliance of the provisions he was given an opportunity to be examined before a Gazetted Officer and thereafter it was done as per his choice before the Superintendent and from the personal search only his Driving Licence along with xerox copy of the Voter Identity Card were recovered.

(3.) Thereafter, one representative sample out of the seized contraband was prepared and sent for examination to Government Opiom and Alkaloid Works, Gajipur (U.P.) vide Office Letter No. 85 dated 26.02.2007 and the report received, vide Report No. 243 dated 14.03.2007, confirmed the seized commodity being Ganja. Subsequently, a complaint was filed which is computer typed bears signature of the complainant, marked as Ext.- 3. After completion of the investigation charge-sheet was also filed, cognizance was taken and altogether 6 prosecution witnesses were produced before charge besides producing the following documentary evidence:-