RAJ KUMAR SAVITA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the Criminal Appeals have been filed under Section 374, Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), against the judgment and order dated 01.04.2013, passed by the Additional Sessions Judge, Court No.8, Lucknow, in Criminal Case No.431 of 2010 (Union of India Through Shri Brijendra Singh Sodhi, Intelligence Officer, Directorate of Revenue Intelligence, Lucknow Zone vs. Raj Kumar Savita and another), whereby the appellant-Raj Kumar Savita of Criminal Appeal No.943 of 2013 and the appellant-Gopal Verma @ Teetu of Criminal Appeal No.688 of 2013 have been convicted and sentenced for ten years rigorous imprisonment with a fine of Rs. One Lakh, each for offence under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) with further direction that in default of payment of fine the appellants have to undergo one year each further imprisonment.

(2.) Since both the criminal appeals have been filed against the same judgment and order passed by the trial Court, both the appeals have been heard together and are being decided by this common judgment.

(3.) The prosecution case, in a nutshell, is that on 20.6.2010, at about 3.00 p.m., a secret information was received by Sunil Kumar Singh, Deputy Director, Directorate Revenue Intelligence, Zonal Unit, Lucknow (hereinafter referred to as "D.R.I.") that huge quantity of Hashish (Charas) was being transported from Raxaul (Bihar) to Bharthana (Etawah, U.P.) by two persons in Maruti 800 car white colour, bearing registration no.U.P.80/AE 6792. The said information was conveyed to Ravindra Kumar Tewari (P.W.-2), Intelligence Officer, D.R.I. and Karunesh Srivastava (P.W.-1), Intelligence Officer, D.R.I. and a team, comprising of Ravindra Kumar Tewari (P.W.-2), Karunesh Srivastava (P.W.-1), Ashutosh Dixit, Intelligence Officer, D.R.I. and Ajeet Kumar, Sepoy D.R.I., was constituted with direction to intercept the said Maruti car, in order to search and recover the said contraband charas, transported in the said car. The team, headed by P.W.-1, also contacted two public witnesses, Sri Sajid Ali and Rinku Kumar Yadav, present near the main gate of City Montessory School near D.R.I. office and disclosed the said information to them and requested to accompany the team as witnesses in the proposed action of interception and recovery of the charas, whereupon both of them agreed. Thereafter, the team, headed by P.W.-1 along with aforesaid officers of D.R.I. and public witnesses, reached at 4.15 p.m. near Babu Banarsi Das Engineering College, at Faizabad Road, Lucknow (hereinafter referred to as B.B.D.) in a private hired taxi, stopped it near speed breaker and began to wait the said Maruti car. At about 8.30 p.m. on 20.06.2010, white colour Maruti 800 car was seen, coming from Faizabad side and when the said car as slowed down due to speed breaker, it was seen and found to be Maruti car bearing registration No.U.P.-80/AE 6792. Thereafter, the said car was intercepted and signaled to stop by P.W.-1 and other officers. As and when the car slowed down and stopped, P.W.-1 and other officers rushed towards the said car and found that two persons were sitting in it, they were informed by P.W.-1 and other officers of D.R.I., the purpose of their interception and it was also disclosed to them that since a secret information had been received that they were transporting huge quantity of charas, secreted in the said Maruti car, search of the car was to be conducted. Upon query the driver of the said Maruti car introduced himself as Raj Kumar Savita son of late Arun Kumar whereas other co-passenger introduced himself as Gopal Verma @ alias Teetu son of Jagdish Narayan Verma, both resident of Bharthana District- Etawah.