LALJI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 7.10.2006 passed by the learned Additional Sessions Judge(FTC), Court No. 1, Kanpur Nagar, in S.T. No. 149 of 2004, State Vs. Akhilesh Kumar Vajpaiyee and others, convicting the appellant under Section 23 of the N.D.P.S. Act and sentencing him to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac with default sentence of 3 years rigorous imprisonment.

(2.) THE prosecution version in brief is that on 5.3.2004, the complainant, who was then intelligence officer of Narcotics Control Bureau, Varanasi (in short 'N.C.B.') along with other officials, on a tip -off that the appellant along with other co -convicts is a drug paddler and are transporting illicit N.D.P.S. substance in a truck, reached at Kanaudia Auto Centre, Lucknow -Kanpur By -pass at about 21.00 o'clock. After making Rajendra Prasad and Ram Ji Singh, who was standing there, independent witnesses, the complainant and other officials reached near the truck no. UHN 9137. Upon asking the names of the persons sitting in the truck, they introduced themselves as Shambhu Prasad, Bhola Prasad and Lal Ji Yadav. The appellant and the other co -accused persons served with the notice under Section 50 of the Act and explained them their legal right of option to give their search before a Gazetted officer or a Magistrate. But they declined the offer and offered that the N.C.B. team may take their search. Their search were made. 14 packets of illicit charas kept in the special cavity made behind the cabin of truck were recovered. Due to darkness and unavailability of balance and in view of security of recovered N.D.P.S. substance, the arresting officer along with the accused persons, recovered charas and the truck came back to the Headquarter, Custom and Central Excise, Sarvoday Nagar, Kanpur Nagar. Total weight of the recovered N.D.P.S. substances was found 250kg. and 400gm.

(3.) AFTER taking samples from each packets of the recovered illicit charas, sealed in separate packets in presence of the accused/appellant and the witnesses and they also made their signatures on it. Seizure memo was prepared and the statement of the appellant/accused under Section 67 of the N.D.P.S. Act was also recorded and he admitted his guilt. In their statement, co -convicts Bhola Prasad and Shambu Prasad conceded that the recovered N.D.P.S. substance was meant for one Akhilesh Kumar Vajpayee. They also informed that co -convict Govind Singh arranged the vehicle and the illicit charas with the help of co -accused Kamal, both were citizen of Nepal. The co -accused Govind Singh was sitting at the house of the co -accused Akhilesh Kumar Vajpayee. Thereafter, the N.C.B. officials reached at the house of co -accused Akhilesh Kumar Vajpayee where co -accused, Akhilesh Kumar, Jitendra Singh, Virendra Singh and Govind Singh were found sitting. After search made upon the accused person under the provisions of the N.D.P.S. Act, all the accused persons were arrested and came back to the Headquarter where accused Akhilesh Kumar Vajpayee disclose that recovered illicit charas was made available to him by co -accused Jitendra Singh, Virendra Singh and Kamal to sell through co -accused Ratan Kumar. All the accused persons made voluntarily statement under Section 67 of the Act. They were put to trial on the complaint filed by the arresting officer in the court concerned for the offences under Sections 8/20/23/27A/29/60 of the N.D.P.S. Act. During the trial, the accused/appellant pleaded not guilty and also denied the recovery of the N.D.P.S. substances from his possession. The prosecution produced evidence and ultimately after hearing the learned counsel for both sides, the trial court found the appellant guilty under Section 23 of the N.D.P.S. Act and sentenced him as aforementioned.