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Sona Lal Sah @ Sona Lal Prasad, Prabhu Das, S/O Bhairo Das Versus The State of Bihar and Others

2016 (6) TMI 501 - PATNA HIGH COURT

Seeking release from the sentence order and fine imposed - Seizure of 91 bags of Ganja weighing 990 Kg - Contradicting statements of witnesses - Held that:- it is found that apart from PW 1 and PW 4 none of the witnesses have stated about the manner in which sample was drawn. Whereas PW 1 says that samples were drawn from the two packets i.e. top and bottom one, PW 4 generally says that samples were drawn from 3-4 packets. The fact remains that only one sample was sent for testing which tested p .....

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tained under Section 20 (ii) B of the NDPS Act for which sentence of eight years which has already been undergone by them would be sufficient enough. The fine of ₹ 1,00,000/- (One lac) imposed upon the Appellants by the impugned judgment is waived. - Appeals dismissed with modification - Criminal Appeal (DB) No.653 of 2013, Criminal Appeal (DB) No. 1022 of 2013 - Dated:- 20-4-2016 - Anjana Prakash And Rajendra Kumar Mishra, JJ. For the Appellant : Mr. Shri Prakash Tiwari, Advocate Mr. Anan .....

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conviction dated 29th May, 2013, and order of sentence dated 13th June, 2013, passed by the 6th Additional Sessions Judge-cum-Special Judge, NDPS Act, East Champaran at Motihari, in NDPS Case No.81 of 2008. 2. The case of the Complainant/Informant, A.M.F.Azam, (PW 4) is that on 13.08.2008 while he was posted as Inspector of Customs (P) Circle Sugauli, he received secret information that a truck would be passing on that way with Ganja loaded on it. He then constituted a raiding team and inspected .....

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lusion. 5. PW 1 (Harishankar Kumar) was one of the members of the Raiding Team on 13.08.2008, who along with others inspected the truck, in question, upon which the Informant climbed and found a secret chamber from which 91 bags of Ganja weighing 990 Kg. was recovered. The Inspector thereafter made seizure, Panchnama and interrogated the present Appellants and also took out samples for testing. In cross-examination, he stated that the entire team had weighed the Ganja which had taken about an ho .....

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e. 7. PW 3 (Ram Babu Singh) another member of the Raiding Team supported the factum of recovery. In cross-examination, he stated that when packets were recovered, they were opened to see as to what was inside and thereafter once again bound with rope. Five to ten packets were opened and all of them were numbered as 1, 2, 3,…. This was done by the team leader, whereas, they were watching. 8. PW 4 (A.M.F. Azam) is the Informant/Complainant, who reiterated the statement given in the fard-e-b .....

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oduced before the Court concerned through the forwarding memo which is Ext.5 and the official complaint was instituted. He proved his signature on the official complaint as Ext.6. He also stated that samples were drawn and sealed in presence of witnesses and accused persons. The report in its regard was that samples contained Ganja. In his examination-in-chief, he has stated as to how samples were drawn but in cross-examination he stated that samples were drawn from 3-4 packets after opening the .....

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