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2025 Supreme(Online)(Pat) 5817

PATNA HIGH COURT
Chandra Shekhar Jha, J.
Brijpal v. State of Bihar
Crl. A. (SJ) No. 71 of 2023



1. At the outset, it is important to mention that this appeal was taken on board under the caption "For Orders" where initially prayer of bail and suspension of sentence under S.389(1) of the CrPC. was raised by learned counsel appearing on behalf of the appellant but, after short argument, it is submitted that he is ready for final hearing of the appeal, which was not objected by learned APP and, therefore, this appeal is being finally heard under aforesaid caption. Submission for final hearing is raised mainly in view of S.374(4) of the CrPC, where every such appeal is to be decided within six months of its filing.

2. This appeal has been preferred by the appellant / convict under S.374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') challenging the impugned judgment of conviction dated 15.10.2022 and order of sentence dated 18.10.2022 passed by learned Additional Sessions Judge - XI, Buxar, in N.D.P.S. Case No. 08/2020 (arising out of Buxar (Town) P.S. Case No. 184 of 2020, whereby the concerned Trial Court has convicted the appellant / convict for the offences punishable under S.20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act (for short N.D.P.S. Act.) and he has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence punishable under S.20(b)(ii)(C) of the N.D.P.S. Act, rigorous imprisonment for ten years and fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months for the offence punishable under S.22(C) of the N.D.P.S. Act, rigorous imprisonment for ten years with fine of Rs.1,00,000/- and in default of payment of fine further to undergo R.I. for six months, R.I. for ten years under S.27A of N.D.P.S. Act with fine of Rs.1,00,000/- in default, to undergo R.I. for six months, further R.I. for ten years with fine of Rs.1,00,000/- under S.29 of the N.D.P.S. Act in default of payment of fine, to undergo R.I. for six months and further the appellant was ordered to undergo R.I. for one year under S.51 of the Disaster Management Act, 2005. However, all aforesaid sentences have been ordered to run concurrently.

3. The prosecution story as per FIR is that on 13.05.2020 at 09.05 AM, the informant received a secret information that some illegal psychotropic substance was being transported in Grey colour Hyundai Sports car through Buxar - Kochas Marg to UP. It has further been alleged in the FIR that the informant / PW - 2, Circle Officer, Satyendra Kumar and other members of Police were directed to take necessary action. A sanha was registered by informant regarding this and proceeded to that place with investigation kit and police force along with Circle Officer. The informant started vehicle checking at 09.35 and during aforesaid checking, the police stopped the alleged vehicle at about 10.50 AM. A valid vehicle pass was issued by SDM Saket Delhi dated 11.05.2020 attached on front glass of the car bearing No. UP76L4827, upon which, the name of apellant, namely, Brijpal was written. Due to lock - down, no independent witness was found, therefore, in presence of two constables, namely, Manish Kumar (P.W. - 4) and Deepak Kumar Rana (P.W. - 3), the alleged car was searched by the informant and police personnel in accordance with law and after compliance of S.50 of the N.D.P.S. Act. Notice under S.50 of N.D.P.S. Act was signed by C.O. Satyendra Kumar, informant and two witnesses, Manish Kumar and Deepak Kumar. On being searched, a smart cell phone of OPPO company, another cell phone of LETV company of golden colour, a key pad cell phone of ZIOX company, Rs.2500/- cash, license card, pan card, two Adhar Cards, Sale letter dated 17.01.2020 were recovered from possession of the accused person. Apart from these articles, 23 packets of Ganja like substance, each of 1 kg and 8 packets of Ganja like sub























































































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