UNION OF INDIA Vs. MUNNA

JUDGEMENT

(1.) Leave granted.

(2.) Union of India calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that respondent No.1 (hereinafter referred to as the accused) was not guilty of the offence punishable under Section 20(b) and Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act). The trial Court i.e. the 1st Additional Sessions Judge, Sidharthnagar had convicted the accused guilty for the aforesaid offences, and sentenced him to undergo imprisonment for 15 years and pay a fine of rupees one lakh with default stipulation.

(3.) Accusations which led to the trial of the accused are essentially as follows: On 17-10-1994 at about 6.30 p.m. Inspector of Customs Sri B.K. Srivastava, Incharge Customs Station, Khunwa, District Siddharthnagar, received an information that a person carrying Charas from Nepal shall be passing through the Customs Barrier (Khunwa Check Post). Consequently, Sir B. K. Singh, complainant (PW-1) summoned two independent witnesses and took position near the Barrier. At about 7.00 p.m. a Jeep bearing No. UTD 5560 was seen coming from Nepal side and when it reached near the Barrier, the Customs Officer stopped the Jeep for its checking. Accused who was the sole occupant of the jeep stopped the vehicle. The Customs Officer in presence of witnesses told the accused that search of his person and the Jeep is to be taken because there is information that charas is concealed in the cavity of the jeep. He was also informed that if he so desired he shall be taken before a Gazetted Officer for the purpose of search. Accused replied that the Officer may himself take his search and there was no necessity to take him before any Gazetted Officer. The Officer along with witnesses on inspection of the Jeep was satisfied that the Jeep contained a Cavity. Subsequently the Jeep along with the accused was brought to the Customs Office and in the presence of witnesses cursory search of the Jeep resulted in the discovery of a cavity and from smell it was clear that in this cavity charas was cleverly concealed. The Officer immediately sent Sepoy Sri Saghir Ahmad to Badhni with a request that Superintendent (Customs) Badhni may come immediately for the search of seized jeep which contained charas in its cavity. The Superintendent came from Badhni early in the morning at about 7.00 a.m. next day and in his presence the search of the Jeep was conducted and charas concealed in the cavity weighing 100 kg. of the value of Rs. 10,00,000/-, was recovered. Samples were taken out, sealed in separate packets which contained signature of the accused, witnesses and the officer and the remaining charas was duly sealed. Since transportation of charas was in violation of Section 8 of the N.D.P.S. Act, the Jeep containing the charas was also seized.