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2003 Supreme(Pat) 1053

SACHCHIDANAND JHA, B.N.P.SINGH
Md. Sarfraj – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sachchidanand Jha, J.

1. The sole appellant of this appeal has been convicted under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and sentenced to rigorous imprisonment for 15 years and fine of Rs. one lac; in default of payment whereof, further rigorous imprisonment for five years.

2. Briefly stated, the case of the prosecution is that on 3.6.1999 at about 6.30 p.m. in course of routine check of passengers of Narkatiaganj-Darbhanga Passenger train at Sitamarhi Railway Station the Custom officials led by R.N. Prasad, Inspector of Custom, Sitamarhi noticed the frightened posture of a passenger, the appellant herein. His body search revealed that some article in wrapper was tied around his waist. Two independent witnesses, namely, Indrajeet Kumar and Jyotindra Jha were called. All of them went to the customs office where in presence of the Superintendent of Customs and said Indraieet Kumar and Jyotindra Jha, amongst others, the suspect was formally searched, On search, besides one railway ticket from Sikta Railway Station to Laheriasarai Railway Station and cash of Rs. 15, three packets wrapped in polythene bag kept in markin cloth stitched li


































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