IMPORTANT POINT
Prosecution is under obligation to perform all mandatory requirements strictly in drug offences.

JUDGMENT (ORAL)

Aditya Kumar Trivedi, J.—Criminal Appeal (SJ) No. 334/2019 wherein, Md. Afroj Alam @ Md. Afaroj Alam @ Afroj Alam is the appellant and Criminal Appeal (SJ) No. 05/2019 wherein, Ramesh Sah is the appellant, have been found guilty for an offence punishable under Section 20-(b) (ii) (c) of the NDPS Act, and each one has been sentenced to undergo RI for ten years as well as to pay fine appertaining to Rs. I,00000/-, in default thereof, to undergo SI for two years additionally with a further direction that period having undergone during course of trial be set off in accordance with Section 428 CrPC, vide judgment of conviction dated 27.11.2018 and order of sentence dated 03.12.2018 passed by District & Sessions Judge-cum-Special Judge, NDPS Act, West Champaran, Bettiah relating to Trial No. 09/2015 arising out of Ramnagar PS Case No. 172/2014, on account thereof, have been heard together and are being disposed of by a common judgment.

2. Bindeshwari Kumar Singh (PW 1), O/C of Ramnagar PS recorded his self statement on 28.08.2017 at Harinagar Railway Station Road in front of Jhunjhunwala Petrol pump disclosing therein that on the same day at about 2:30 PM, he got confidential information with regard to intrusion of 2-3 smugglers from Nepal carrying narcotic substance and are proceeding towards Railway Station whereupon, he talked with senior police officials and then, as per instruction, constituted a raiding party and reached near petrol pump. While they reached there, they have seen two motorcycles parked over open Railway land having presence of three persons, out of whom, one was talking over mobile. Seeing the police official, they tried to slip in a suspicious manner whereupon, they were cordoned and then, the person over motorcycle bearing Registration No. BRO5D-7731, on interrogation disclosed his identity as Ramesh Sah and the pillion rider disclosed his name as Md. Afroj Alam having Jhola. Another person sitting over another motorcycle having no registration number disclosed his identity as Raj Kishor Raut(full address). They all failed to produce papers relating to respective motorcycles. Furthermore, in presence of Md. Kayamuddin as well as Binay Kumar Srivastava, Jhola was searched where from seven packets each containing ½ Kilogram out of which two packets were open since before, were seized, which they disclosed to be Charas and they also disclosed weight to be 8 ½ Kilograms. They have also disclosed the same to be carried from Nepal. Then their bodies were also searched, during course thereof, mobile phone along with other items were seized and for that, seizure list was prepared. During interrogation, they have also disclosed that the aforesaid items were to be given to one Md. Naseeb of Rajasthan as per instruction of Mehendra.

3. After registration of Ramnagar PS Case No. 172/2014, investigation commenced and concluding the same, charge-sheet has been submitted followed with the trial meeting with ultimate result, subject matter of instant appeal.

4. The defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial. However, neither oral nor documentary evidence has been adduced in defence.

5. In order to substantiate its case the prosecution has examined altogether six PWs who are PW-1, Bindeshwari Kumar Singh, PW-2, Ashok Kumar Kundu, PW-3, Tapas Pal, PW-4, Santosh Kumar Singh, PW-5, Raj Kishore Singh and PW-6, Lakhan Lal Yadav. Side by side, has also exhibited Ext-1, Signature of Raju Yadav, Assistant Commandant, Ext-2, Written petition, Ext-2/a, endorsement on written petition, Ext-3, Confessional statement of the accused, Ext-4, FIR, Ext-5, Seizure List and, Ext-6, FSL report. As stated above nothing has been adduced on behalf of defence.

6. While assailing the judgment impugned, learned respective counsels have stated that learned lower court has failed to appreciate the niceties of the mandatory provisions