JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard Mr. Ramakant Sharma, learned Senior Counsel, Mr. Manish Kumar No.II, learned counsel and Mr. Santosh Bharti, learned counsel representing the appellants in both the appeals and Mr. Anshuman Singh, learned Senior Counsel representing the Directorate of Revenue Intelligence (DRI).

2. Both the appeals have been preferred for setting aside the judgment of conviction dated 27.06.2024 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 01.07.2024 (hereinafter referred to as the ‘impugned order’) passed by the learned Exclusive Special Judge-II (NDPS), Muzaffarpur (hereinafter referred to as the ‘learned trial court’) in NDPS Case No. 26 of 2023 arising out of DRI Case No. 26 of 2003. By the impugned judgment, the appellants have been convicted for the offences punishable under Section 20(b)(ii)(c) of the Narcotics Drugs & Psychotropic Substances Act (in short ‘NDPS Act’) and by the impugned order, they have been ordered to undergo rigorous imprisonment for fifteen years (15) years each with a fine of Rs.50,000/- each under Section 20(b)(ii)(c) of the NDPS Act and in default of payment of fine, they have to further undergo simple imprisonment for one year.

Prosecution Case

3. The complainant, who was an Intelligence Officer at Directorate of Revenue Intelligence, Muzaffarpur, has alleged that on 16.11.2003 on the basis of specific information, he had intercepted one truck bearing Registration No. WB-25-2127 along with occupant of the truck, namely, Loki Rai and Dilip Kumar Sah at Chandani Chowk, Muzaffarpur. On search, in presence of independent witnesses, 28 bags or 56 packets of Ganja weighing 539 kgs (gross weight) or 525 kgs (Net Weight) was recovered from the truck which was concealed below the consignment of 64 bags of cattle feed. The recovered 525 kgs of Ganja and the Truck, which was used as mode of conveyance for transportation of Ganja, were seized under Section 42(c) of the NDPS Act. Further, the 64 bags of cattle feed used for concealment of Ganja was also seized.

It is further alleged that the above-named accused persons in their voluntary statement tendered before the independent witnesses admitted their guilt as regards their conscious involvement in trafficking of Nepali Ganja. They also stated that the Ganja was loaded on the truck at Laxmipur, Raxaul, Bihar in their conscious knowledge by the person, namely, Surendra Ji of Durga Transport and Yugal Mistry near Sona Cinema, Raxaul and the Ganja was to be delivered at Fatuha to a person, namely, Ram Prawesh at Fatuha Danapur. They could not disclose the complete address of the said Ram Parwesh and stated that they had to park the vehicle near Kacchi Dargan at Fatuha and had to deliver Ganja to the agent of Ram Prawesh on the direction of Yugal Mistri. They further stated that they were carrying Ganja from Raxual to Fatuha consciously for transportation charges of Rs.15,000/-. The above- named accused persons were arrested and forwarded to judicial custody on 17.11.2003.

It is further alleged that in course of follow up action, the accused Sri Surendra Prasad, son of Sri Lakharaj Mahato, R/o Village- Harreiyen, P.S.- Raxaul, East Champaran was apprehended and subsequently arrested on 18.11.2003 and forwarded to judicial custody on 19.11.2003 for associating in trafficking of Ganja. It is also stated that the seized ganja was sent for chemical analysis to the Central Revenue Control Laboratory wherein it was reported by the Chemical Examiner, C.R.C.L. New Delhi, vide end F.N.-1/ND/R/2003-CLD-299(N)/24.11.2003 dated 24.11.2002 that the same is “Ganja” within the meaning of NDPS.

It is stated that in course of inquiry/investigation conducted, the accusation against (i) Loki Rai, son of Sri Bilat Rai and (ii) Dilip Kumar Sah, son of Sri Yogi Lal Sah, the accused persons, who are members of big smuggler syndicate operating from Nepal and indulged in smuggling of Nepali ganja into India, were fully establish