SHANKAR VARIK @ VIKRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Brijesh Sahai, learned Senior Counsel assisted by Mr. Bhavya Sahai, learned counsel for the applicant, Mr. Ashish Pandey, learned counsel for Narcotics Control Bureau.

(2.) This bail application under sec. 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.12 of 2020, under sec. 8/20/29 of Narcotic Drugs and Psychotropic Substances Act at Police Station Challani-NCB Lucknow, District Jhansi.

(3.) The factual matrix of the present case is that on 27/05/2020 at about 07.00 AM, upon information that four persons, namely, Sanjay Kumar Singh, Vinod Singh, Shankar Varik (applicant-accused) and Chhote Lal in two Trucks bearing Registration No.CG-04 HZ-4685 and Dumper bearing Registration No.CG-04 JA-9801 are about to come from Teekamgarh towards Mauranipur at Khadiyan Crossing and they are carrying huge quantity of illegal Ganja, the informant of NCB with his team alongwith necessary items (proper kits) for further action in accordance with provisions of NDPS Act, reached the spot at about 09.00 AM and started patrolling at Khandiyan Crossing. It is alleged that in evening at about 18.30 hrs., the officers of NCB saw both trucks, which were coming towards Khandiyan Crossing of Teekamgarh. The officers of NCB intercepted the Dumper CG-04 JA-9808 and from the Cavity of Dumper, huge amount of Ganja weighing 1025 kg has been recovered, which was kept in 25 plastic gunny bags and upon testing by DD Kit, the samples tested positive for Ganja. The said Dumper was driven by co-accused Vinod Singh and the applicant was sitting on the truck. The aforesaid search was conducted in presence of two independent witnesses, namely, Chandra Shekhar and Kuldeep and also in presence of gazetted officer, namely, Dr. Pradeep Kumar Singh, C.O. Mauranipur, Jhansi. The aforesaid Dumper was also seized under sec. 60 of NDPS Act. A notice under sec. 67 of NDPS Act was served upon the accused persons and their statements were also recorded.