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2016 (3) TMI 940 - PATNA HIGH COURT

2016 (3) TMI 940 - PATNA HIGH COURT - TMI - Seeking modification of sentence order - Seizure of 116 packets of Ganja weighing 432.900 kilograms - Appellant convicted under Section 20(b) of the N.D.P.S. Act - Held that:- it is to be clarified that the appellant is to be convicted under Section 20(ii) (C) N.D.P.S. Act rather under Section 20(b) of the N.D.P.S. Act. The charge was framed saying that the appellant was found in illegal possession of 432.900 kilograms of contraband Ganja which he was .....

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ra, APP & Mr S D Sanjay, ASG ORDER The Appellant has been convicted under Section 20(b) of the N.D.P.S. Act and sentenced to rigorous imprisonment for 15 years and fine of ₹ 2,00,000/-, in default of which, further rigorous imprisonment for three years vide Judgment of conviction dated 25.07.2011 and Order of sentence dated 28.07.2011 passed by the 1st Additional District and Sessions Judge-cum-Special Judge, Araria, in Special Case No.13 of 2006/Trial No.18 of 2006. 2. The case of the .....

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was interrogated by the officials and, thereafter, the prosecution report was instituted on 13.11.2006 after receipt of the F.S.L. Report dated 25.09.2006 3. On going through the evidence of the witnesses, we find that P.W.1 Gopal Sharma is one of the persons on the point of seizure. He was an Electrician and independent witness who stated that on the date of occurrence, he saw some persons being interrogated and a secret cavity of the truck was forcibly opened, from which 116 packets of Ganja w .....

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gard to the weight of the goods. He stated that one packet contained 5 kilograms whereas the second packet contained 4 kilograms and third packet contained 3 kilograms. What it means, one does not really know. 4. P.W.2 Mukesh Kumar Bhardwaj is the Complainant, who stated that on 12.09.2006 at about 11.00 A.M. he got secret information about a truck carrying Ganja at which a person present on the truck was intercepted and the Appellant was arrested. 'Ganja' was found in the secret cavity .....

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) on which there are signatures of the witnesses, accused, Superintendent and himself. He stated that the Appellant admitted his guilt whereafter he was produced before the Special Judge. He prepared the Prosecution Report (Ext.8). In cross examination, we find that he explained the entire procedure in terms of time as to when truck was seized and the articles recovered. He stated that the Ganja was divided in three groups of 5 to 6 packets each after tearing slightly of major packets but the sa .....

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und two number plates and the original documents of the vehicle. The Appellant allegedly admitted his guilt. In cross examination, there is nothing to discredit the factum of seizure and recovery. 6. P.W.4 Samir Kumar Sinha was the Customs Inspector at Jogbani on 12.09.2006 and he also corroborated the evidence of P.W.3 on material particulars. In cross examination, he stated that the checking was done in the office and the sample of seized material was prepared in 6 packets. 7. P.W.5 Satyendra .....

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he office and checked it. He learnt that Ganja was recovered from the truck and the Appellant was driving the said truck. He does not say anything in the cross examination which is to be noted down. 9. P.W.7 Indrajeet Prasad Singh was also the Customs Superintendent at Jogbani on the date of occurrence who corroborated the earlier statements of the witnesses. He stated, in cross examination, that he had not taken any action in the matter. 10. On going through the evidence on record, we find that .....

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