PRAKASH KRISHNA BAVLEKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application u/s 482 of Criminal Procedure Code, the applicant, - original accused has prayed for an appropriate order to quash and set aside the complaint and the proceedings titled as Rathod Upendra Prabhudas, IO/DRI/ V. Subhas Singh and others dated 30-10-2006 in Sessions Case No.414 of 2006 pending in the Court of learned Addl. Sessions Judge, Court No.6, Ahmedabad city.

(2.) That the impugned complaint/Sessions Case No.414 of 2006 is filed by one Rathod Upendra Prabhudas, Intelligence Officer, Directorate of Revenue Intelligence, Ahmedabad against six named accused for the offence u/s 22, 29 r/w 8(c) of the NDPS Act, 1985 and section 120-B of the IPC, 1860.

(3.) It is alleged/averred in the complaint that DRI, Ahmedabad received an intelligence that one truck bearing registration No.JK-02L-0427 carrying approximately 250 kg of Hashish (Charas) will come at Adalaj and will be parked somewhere on the road side on 27-7-2006 and Shri Manoj who is supposed to take delivery of the said Hashish is staying at Hotel Yatri, Sector 16, Gandhinagar. It is submitted that on the basis of the intimation, a team of officers of DRI along with two independent panchas left for Adalaj and the panchas were briefed about the intelligence and were shown one search warrant dated 27-7-2006 issued by the Deputy Director of DRI, Ahmedabad authorizing the officer to search the aforesaid truck. Then, the officers started locating the said truck and at about 23:45 hrs the said truck was located at Adalaj Cross Road and it was found parked adjacent to the road along with other trucks. The cabin of the truck was found closed so, the officers knocked at the cabin door in response to which the driver who introduced himself as Subhash Singh opened the door. The officers gave their introduction and showed him the search warrant dtd 27-7-2006 and said Subhash Singh after seeing the search warrant appended his signature on it and agreed for the search. The panchas present there also put their signatures on the search warrant. The key of the truck was found in the ignition hole but the truck was not in running condition. One another man viz. Rafiq Ahmed Sheikh, cleaner of the said truck was found inside the cabin of the truck. The officers when questioned Subhash Singh about the presence of Hashish in the truck, he after initial hesitation, admitted that he was carrying 72 bundles of Hashish and the same were concealed in the backside of the cabin. That, as it was raining heavily, the truck was taken to the DRI office and after complying with the necessary procedure required under the NDPS Act started conducting search and on being asked about the place of concealment of Hashish, Subhash Singh opened a small door at the top on the rear side of driver cabin, inside which many clothes were kept. The clothes were removed and inside that laminated floor was seen. Subhash Singh informed in presence of panchas that there is a cavity underneath the laminated board and to take out the packets of Hashish, laminated board is required to be removed. Subhash Singh then took out one key from the front dashboard and gave it to the officers. Then, the laminated sheet was removed and a small keyhole was found beneath that. The key given to the officers was inserted into that hole and the cavity was opened. On opening the said cavity, several brown coloured plastic bundles each one wrapped with white coloured tape were found. Some bundles were taken out of the cavity but as the cavity was deep, all bundles could not be taken out from the top of the cavity. On being asked, Shri Singh informed that on the backside beneath the seat there were two wooden ply fixed with bolts, on opening of which remaining bundles of Hashish could be taken out. On being asked, Shri Singh took out the remaining bundles from the said cavity. Thereafter, on counting total 73 bundles were found. Thus, total 507 packets having outer cover of brown coloured plastic bags and having markings "Cappucino Chocolate" on all of them were found. That during the course of the investigation and after recording the statement of various persons, the particulars of which are given in the complaint, it was found that all the accused persons named in the complaint six in numbers inclusive of the petitioner have committed the offence as alleged u/s 22, 29 r/w 8(c) of the NDPS Act, 1985 and section 120-B of the IPC, 1860. The relevant/main allegations against the petitioners are stated in para 8.1, 16, 25, 25.1, 26, 27, 29, 31, 31.2, 31.3, 31.4 and 31.7 of the memo of Sessions Case No.414/06.