NIRBHAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL the abovementioned three appeals arise out of same judgment dated 29.10.2012 passed by learned Additional District and Sessions Judge, Court No.8, Lucknow, in Criminal Case No.2 of 2004, under Section 8 C/20 (B) (II) (C), 29/25 of NDPS Act whereby the appellants were convicted for the offences under Section 20 (B) (ii) (C) and they were sentenced for a period of 14 years' rigorous imprisonment and also with fine of Rs.2 lacs, with default stipulation of two years additional simple imprisonment.

(2.) BRIEF facts necessary for the disposal of the instant appeals are that on 23.06.2004 the authorities of Revenue Intelligence Directorate Lucknow got a secret information that large quantity of Charas was being transported in Truck No.U.P. 80 -AF -9387 which is coming on Faizabad Lucknow road. On this information, after completing the necessary formalities and procuring two independent witnesses a trap was laid on Lucknow Faizabad road near Chinhat, Babu Banarsidas Engineering College, at about 7.00 p.m. Suspected Truck was found coming from the side of Faizabad. On the signal of the raiding party the Truck was stopped. Driver and two other persons were found in the Truck and they disclosed their names as appellants one was the driver and other two were cleaners of the said Truck. They disclosed that the Truck is empty and nothing is being carried in it. Thereafter, the raiding party searched the Truck and after ensuring compliance of Section 50 of the NDPS Act the search was conducted. On the search of the Truck a special cavity was found in the Truck which was opened and it was containing Charas. Thereafter, the raiding party brought the Truck alongwith accused persons to its office and the charas was recovered from the said cavity. Total weight of the recovered Charas was 329 kgs. Thereafter, the recovery memo was prepared. During inquiry the witnesses also disclosed that the Truck was loaded by Satyaveer Singh Yadav and this Charas has to be delivered in Agra. After completing the investigation the charge -sheet was filed against the present appellants and Satyaveer Singh Yadav. However, no charge -sheet was filed against the registered owner of the Truck. Satyaveer Singh, the main person behind this incident, is still absconding.

(3.) THE case of the appellants was that they were not aware of any cavity in the Truck and the appellant Awadhesh Kumar has stated that he was newly appointed driver of the said Truck and the said Truck was not loaded in his presence. Similar statement was given by the other two appellants that they were also newly appointed cleaners on the said Truck and they were unaware of the fact that any Charas has been kept in any cavity of the Truck. During trial, the prosecution also proved all the documents prepared during investigation and also proved the Central Forensic Science Lab Report whereby recovered substance was reported to be Charas.