IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.411 of 2016

Arising Out of PS. Case No.-66 Year-2012 Thana- GOVERNMENT OFFICIAL COMP.

District- East Champaran

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Ramakant Sah S/o Chaturi Sah Resident of Ward no. 9, SabaithwaPhajatwa

P.S- Pokhariya District Parsa Nepal.

... ... Appellant/s

Versus

The State of Bihar through Nikhil Deo Awasthee, Inspector Custom L.C.S.

Raxaul, District East Champaran

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Shri Prakash Tiwari

Mr. Anand Tiwari

Mr. Mahesh Tiwari

For the State

:

Mr.Sujeet Kr. Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI

ORAL JUDGMENT

11-09-2019

The sole appellant Ramakant Sah has been found guilty

for the offence punishable under Section 20(b)(ii) (c) & 23 (c)

of the NDPS Act and sentenced to undergo R.I. for ten years as

well as to pay a fine appertaining to Rs. One lakh and in default

thereof to undergo an additional period of imprisonment of six

months, respectively with a further direction to run the

sentences concurrently by the judgment of conviction dated

30.03.2016 and order of sentence dated 05.04.2016, passed by

the 3^rd Additional Sessions Judge-cum-Special Judge NDPS,

East Champaran at Motihari in NDPS Case No. 162/16/ 2012-

15, arising out of LCS (Land Custom Station) Raxaul Unit Case

No. 66 of 2012.

2. The complainant, Nikhil Deo Awasthee, P.W.1, after

Patna High Court CR. APP (SJ) No.411 of 2016 dt.11-09-2019

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due inquiry, filed a complaint petition putting an allegation that

on 16.12.2012 at about 5.00 P.M. while he along with other

custom officials during routine checking at land custom station,

Raxaul, Nepal found a person coming from Nepal over a

bicycle. The officials concerned perceived his activity

suspicious whereupon, he was intercepted in presence of two

independent witnesses, namely, Pradeep Kumar and Niraj

Bharti. He was asked whether he intends to be searched out in

presence of a gazetted office of the department or before a

Magistrate, whereupon, he answered that he would like to be

searched out before a gazetted officer of the concerned

department. That being so, he was taken to in presence of

Brijesh Kumar (P.W.5) and on search 3 kg of charas was found

from his possession having wrapped with his body (over belly

as well as chest). Seizure list was prepared, samples were

prepared, after legal formalities were completed. Accused was

taken into custody, remanded to judicial custody. Sample was

forwarded for chemical examination. The same has been found

to be Charas. Brijesh Kumar, Nikhil Deo Awasthee,

Dharmendra Kumar Srivastava, Kumar Anshumali, Ritesh

Kumar, Alok Ranjan, Syed Buniyad Hussain, Navin Kumar

Sinha, Rakesh Kumar Singh and Keshav Prasad, along with

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two independent witnesses Pradeep Kumar and Niraj Bharti,

have been cited as the witness. It has also been disclosed that

the accused was interrogated wherein he has admitted his status

as carrier of contraband article.

3. Defence case, as is evident from the mode of cross-

examination as well as the statement recorded under Section

313 of the Cr. P.C, there happens to be complete denial of the

allegation. However, nothing has been adduced on behalf of

the defence.

4. Altogether 10 P.Ws have been examined on behalf of

the prosecution, who are P.W.1 Nikhil Deo Awasthee, P.W.2

Dharmendra Kumar Srivastava, P.W.3 Kumar Anshumali, P.W.4

Ritesh Kumar, P.W.5 Brijesh Kumar, P.W.6 Alok Ranjan, P.W.7

Syed Buniyad Hussain, P.W.8 Navin Kumar Sinha, P.W.9

Rakesh Kumar Singh and P.W. 10 Keshav Prasad. Side by side

has also exhibited, Ext.1-Weight measurement chart dated

16.12.2