SHOBHARAM KAMLAPRASAD SHUKLA Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) 22Nd July, 2009

(2.) IT is the case of Narcotic Control Bureau (NCB), Zonal Unit at Ahmedabad that a specific information was received by one of the officers of NCB, AZU that one person named Mohmmed Mujahid, resident of Barabanki, Tehsil -Navabgarh, Uttar Pradesh, along with another person Shobharam Kamlaprasad Shukla, resident of D -69, Rushabhdev Nagar, Adinath Nagar, Odhav, Ahmedabad, will come near Panetar Palace Guest House, Odhav Road, Ahmedabad on Kinetik Honda Scooter bearing registration No.GJ -1 -LL -7492 to take delivery of Brown Sugar (heroin), a narcotic substance, on 10.11.2001. The said brown sugar will be brought by one Nazimkhan Pathan, resident of village Paravaliya, Tehsil -Jawra, District Ratlam (M.P.) or one of his associates at around 17.00 hrs. at the above destined place. On reducing the said information in writing the same was brought to the notice of superior officer and joint team comprising of NCB Officers, staff and officers of Anti -Terrorist Squad, Gujarat Police, along with two panchas reached near Panetar Palace Guest House and two separate groups were formed and surveillance was kept and they found one white Kinetic Honda Scooter bearing registration No. GJ -1 -LL -7492 at around 17.05 hrs. on which two persons were found riding as described in the information and they continued to keep watch and waited for other party to come. And after some time two persons riding on a Suzuki motorcycle came there and stood near the Kinetic Honda scooter and the person who was sitting on the backside (as pillion rider) of the motorcycle was carrying a box of stove and the person who was bald on forehead talked with the person who was driving the Suzuki motorcycle and thereafter the bald headed person handed over a bundle of currency notes to the person driving the Suzuki motorcycle and this person took the box from his companion and handed it over to the bald headed person and this person in turn handed the box to his companion sitting as a pillion rider. As soon as this bald headed person tried to start his kinetic Honda scooter, the team of NCB immediately surrounded them and seizing officer introduced himself and all the team members to all four of them in presence of both panchas. Seizure of stove was from the person sitting as a pillion rider on kinetic Honda scooter who introduced himself as Mohammed Mujahid and the one driving the kinetic Honda scooter was Shobhram Kamlaprasad Shukla, whereas Basirsha Noorshah was driving the Suzuki motorcycle and Surendrasingh Sisodiya was sitting on back seat of Suzuki motorcycle.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Court No.7, Ahmedabad, has vide Judgment and order dated 10.04.2006, held the accused Nos.1 and 2 guilty for the offence punishable under Section 21 read with Section 8 of NDPS Act and awarded sentenced to them to suffer RI for 10 years with fine of Rs.1,00,000/ - each (Rupees one lac each) i/d to suffer RI for one year. The learned Judge held the accused No.3 guilty for the offence punishable under Section 21 read with Section 8 of NDPS Act and awarded sentence to him to suffer RI for 10 years with fine of Rs.2,00,000/ - (Rupees two lacs). The learned Judge also held all the accused guilty for the offence punishable u/s. 29 of NDPS Act and sentenced them to suffer RI for 10 years. The learned Judge ordered all the sentences to run concurrently. The learned Judge also ordered that the time they have spent in the judicial custody during their status of under -trial prisoners shall be given as set off.