PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State as also perused the trial Court's records.

2. These appeals are arising out of the judgment of conviction dated 12.05.2023 (hereinafter referred to as the 'impugned judgment') passed by learned Additional Sessions Judge-I, Saran at Chapra (hereinafter referred to as the 'learned trial Court') in NDPS Case No. 06 of 2020 (Taraiya P.S. Case No. 219 of 2020) and the order of sentence dated 17.05.2023 (hereinafter referred to as the 'impugned order') by which the learned trial Court has been pleased to convict the appellants for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') and sentenced them to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1 lakh each. In default of payment of fine, each of the appellants shall undergo rigorous imprisonment for two years.

Prosecution Case 3. The prosecution case is based on the self statement of S.I. Rajesh Kumar (PW 4) recorded by self dated 03.07.2020 at 2.45 A.M. on the road of Majhopur- Taraiya Nahar road at near Mahi Nadi Nanda, village-Pachraud, Police Station-Taraiya, District-Saran. In his self statement (Ext. P-3 and P-4) he has alleged as under:-

"On 02.05.2020 at 10:30 P.M. when he along with his associated reached village 'Pachraud' near river Mahi in course of patrolling, they saw two motorcycles coming towards them. When the police force gave them signal to stop their motorcycles, they tried to escape leaving their motorcycles. They chased them and apprehended, the accused disclosed their names as Hira Ram and Dhiranjan Singh. Hira Ram got injured when he was trying to escape. From both the motorcycles, five sacks were recovered out of which two were recovered from the motorcycle Dhiranjan Singh and the rest three were recovered from the motorcycle of Hira Ram. The accused persons disclosed that they were carrying 'ganja' but they could not produce any relevant document for transportation of 'ganja'. He has further alleged that 81.8 kg of 'ganja' and one old mobile phone were recovered from the motorcycle of Hira Ram and 61.5 kg of 'ganja' and one Jio mobile phone were recovered from the motorcycle of Dhiranjan Singh."

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM5ODMjMjAyMyMxI04=-zneyujgxykg=

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