MUNNA Vs. STATE

JUDGEMENT

(1.) Present appeal is preferred against the judgment and order dated 12-4-1996 passed by Sri S.K. Ratoori Ist Additional District Judge, Siddharthnagar convicting the sole appellant Munna under Section 20(B)(2) and Section 23 of Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S.) Act sentencing him with 15 years rigorous imprisonment and a fine of Rs. 1,00,000.00 and further in default of payment of fine rigorous imprisonment for 2 years.

(2.) In brief the case of the prosecution is that on 17-10-1994 at about 6.30 p.m. Inspector Custom Sri B.K. Srivastava, Incharge Custom Station Khunwa, District Siddharthnagar, received an information that a person carrying Charas from Nepal shall be passing through this route. Consequently Sri B.K. Singh PW 1, complainant summoned two independent witnesses and took position near the Barrier to apprehended the culprit. At about 7.00 pm. Jeep No. 5560 was seen coming from Nepal side and when it reached near the Barrier the Custom Officer stopped the Jeep for its checking. Accused appellant who was the sole occupant of the Jeep stopped the vehicle immediately. The Custom Officer in presence of the witnesses told the accused that search of this person and the Jeep is to be taken because there is information that charas is concealed in the cavity in his Jeep. He was also informed that if he so desires he could be taken before a Gazetted Officer for the search. At this the accused said 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 were satisfied that the Jeep contained a Cavity. Subsequently the Jeep along with the accused was brought to the custom office and in the presence of witnesses the cursory search of the Jeep resulted in the discovery of a cavity and in this cavity charas was cleverly concealed became evident by its smell. The Officer immediately sent sepoy Sri Saghir Ahmad to Badhni with a request that superintendent custom 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 7 a.m. next day and in his presence the search of the Jeep was conducted and charas concealed in the Cavity weighing 100 Kgs of the value of Rs. 10,00,000.00, 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 recovery of charas was in violation of Section 8 of N.D.P.S. Act the Jeep containing the charas was also seized.

(3.) A Panchanama of the said recovery, interrogation and seizures were prepared at the spot which were signed by the accused, witnesses and the custom officer.