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A. M. BADAR, CHANDRA SHEKHAR JHA
Nashima, W/o. Md. Alam – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Chandra Shekhar Jha, J.
Heard learned counsel appearing for the appellants as well as learned APP for the State.
2. The present appeal preferred by both above named appellants/convicts challenging the judgment of conviction dated 09.01.2018 and order for sentence dated 15.01.2018 passed in Session Trial arises out of Bochhahan P. S. Case No. 22/15, whereby and whereunder learned Additional Sessions Judge, 8th, Muzaffarpur convicted the appellants under Sections 20(b)(ii)(c) and 29 of N.D.P.S. Act and has sentenced them to undergo rigorous imprisonment for 16 years with fine of Rs. 2 lakhs each and in failure to pay fine appellants/convicts to undergo additional sentence of two years of imprisonment.
3. As per summarised case of prosecution, a secret information was received by Shambhu Kumar, S.H.O. Bochhahan (PW -10) on 09.02.2015 at about 4:20 AM, that two trucks bearing Nos. JH 09C/6077 and HR 55M/1312 are going towards Muzaffarpur crossing Darbhanga, where each of trucks are loaded with “Ganja” having one female alongwith two children sitting inside. The said secret information was immediately given to area Magistrate i.e., Block Development Officer, Bochhahan (PW-11) wit
The judgment established the significance of producing seized materials as evidence, proper sampling and handling of contraband, and compliance with N.D.P.S. Act provisions for maintaining the credib....
Non-compliance with statutory provisions and guidelines, doubts about the place of recovery, and serious prejudice caused by the non-examination of independent seizure witnesses can lead to the acqui....
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