IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No. 1037 of 2024 Arising Out of PS. Case No.-8 Year-2019 Thana- CUSTOM (GOVERNMENT OFFICIAL)

District- East Champaran ======================================================

Sandrika Sah @ Bhagat Jee @ Mukhiya Jee @ Sandrika Prasad Son of Mukhlal Shah R/O Vill.- Pachrukha, P.S.- Banjariya, Dist.- East Champaran.

... ... Appellant/s Versus The Union of India through Lallan Kumar Inspector (PREV) Customs (PREV) Division, Motihari East Champaran, Bihar ... ... Respondent/s ======================================================

Appearance:

For the Appellant/s : Mr. Sunil Kumar No. III, Advocate Mr. Raki Alam, Advocate For the Respondent/s : Mr. Anshuman, Sr. S.C.

Dr Krishna Nandan Singh, ASG ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

8 17-12-2025 The present appeal has been preferred against the judgment of conviction and order of sentence dated 21.06.2024 and 24.06.2024 respectively, passed by the learned Court of Exclusive Special Court No.-II (under the NDPS Act), East Champaran, Motihari in N.D.P.S. Case No. 38 of 2019 (arising out of Customs Case No. VIII(10) 08/Cus/Seiz/NDPS/MTH/19- 20, corresponding to Crime No.- Unit Case No. 08/Cus/MTH/ 19-2018 dated 25.4.2019 whereby and whereunder the appellant has been convicted under Section 23 (c) and 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter referred to as the ‘NDPS Act’) and he has been sentenced to undergo 13 years rigorous imprisonment under Section 20 (b)(ii)(C) of the NDPS Act with fine of Rs. 1 lakh each and the appellant has been further sentenced to undergo 13 years of rigorous imprisonment under Section 23 (c) of the NDPS Act with fine of Rs. 1 lakh. It has been further directed that in case of non-payment of the fine, the appellant shall undergo simple imprisonment for six months additionally. All the sentences have been directed to run concurrently.

2. The records of this appeal have been placed before this Court to consider the prayer of the appellant for suspension of his sentence and release on bail during the pendency of the appeal.

3. The brief facts of the case as per the complaint filed by the Inspector / Officer of the Custom (P) Division, Motihari namely Lalan Kumar (PW-5) is that on 25.04.2019 at about 2:30 pm information was received through the Additional Director (Lucknow Zone) that by a truck bearing number HR-55Q-5087, narcotic substance was being brought from Nepal to India through Raxaul border which has been handed over to the appellant at his residence situated at Village-Pachrukha, Post- Mokhrampur, P.S.-Banjaria, District-East Champaran at about 2:00 pm. The Assistant Commissioner, Custom (P) Division was apprised of the said information, whereafter search warrant was issued for making search at the house of the appellant on 25.04.2019 at about 2:30 pm. Thereafter, at about 3:15 pm a team was constituted and the said team had left for Pachrukha, after-which the search team reached the house of the appellant at about 4:00 pm, however upon seeing the said officials, the appellant fled away but the cleaner who was sitting in the truck was apprehended and then the search warrant was shown to the daughter and son of the appellant as also they were requested to permit them to conduct search of the house, whereupon the daughter and son of the appellant had given their consent. The officers had also, in the meantime arranged for two independent witnesses and had explained them about the situation whereafter, upon following the due process of law, search operation was initiated and 60 kg substance appearing like ganja was seized from the house of the appellant. Then, search of the body of the cleaner of the said truck namely Sujit Das was conducted, after giving him notice U/s. 50 of the NDPS Act and o