RAJANRAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Daya Shankar Mishra, Senior Advocate assisted by Sri Chandrakesh Mishra and Abhishek Mishra Advocates, the learned counsel for the applicant and Sri Ashish Pandey, the learned counsel for the Narcotic Control Bureau.

(2.) The instant application has been filed seeking release of the applicant on bail in Case Crime No. 25 of 2020, under Ss. 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (which will hereinafter be referred to as "the Act"), Police Station N.C.B., District Lucknow.

(3.) The prosecution case is that on the basis of a confidential information received by the officers of Narcotic Control Bureau hereinafter referred to as the ''NCB') on 7/9/2022, a team of officers of the NCB, accompanied by another team of STF, apprehended the accused persons while a plastic sack was being transferred from a truck to a Scorpio vehicle. The truck was being driven by one Manoj Singh and the applicant and one Vinod Patel were there in the truck. Four persons sitting in the Scorpio vehicle were also apprehended and it is alleged that the persons sitting in the truck confessed that 1,100 Kg. Ganja was being transported in the truck and the person sitting in Scorpio confessed that they had come to take delivery of Ganja from the truck. Two persons sitting on a motorcycle were also apprehended and one of them Radhey Shyam allegedly confessed that the Ganja was brought to be delivered to him. Thereafter all the three vehicles were taken to Police Station - Naini on 9/9/2020 at about 03:50 a.m. and it is alleged that one plastic sack containing 6 packets in it was recovered from the Scorpio, a small quantity of substance was taken and upon being tested by the drug detection kit and it was found to be Ganja. Each of the packets weighed 5.2 kg., thus the total weight of six packets was 30.200 kg. 28 sacks were found in the truck, which contained 219 packets, each weighing 5.2 kg. totaling to 1,138.80 kg.