ASHOK KUMAR AWASHI @ GUDDU Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 10.11.2004 passed by the Addl. Sessions Judge/Fast Track Court No.2, Gorakhpur in Special Sessions Trial No.83/03, whereby the trial court had convicted the accused appellant and one co-accused Bheem Shankar Trivedi @ Pratap under Section 20(b)(ii)(c) of the NDPS Act and sentenced them to undergo rigorous imprisonment for 15 years and to pay fine of Rs.1 lac each and they have been directed to undergo further rigorous imprisonment for three years in default of payment of fine.

(2.) Eschewing unnecessary details the prosecution case, in nutshell, is this that on 24.12.2002 at about 7.45 a.m. Intelligence Officer Sri Lal Babu Prasad N.C.B. Gorakhpur received information by telephone that a Truck No.P.B.10-A.S.1058 is coming to Gorakhpur from Nepal side and in that truck charas is being brought. On this information the complainant Sri Lal Babu Prasad along with the officers and employees of his department reached at Nanda Nagar Railway Crossing lying in the circle of P.S. Cantt at 8.30 a.m. and he took two public witnesses namely Ramesh and Umesh along with them. At about 11.00 a.m. a truck of the aforesaid number came there which was signalled to stop. On being signalled the said truck was stopped by its driver. In that truck two persons were found present. The complainant had given his introduction to those persons. One of those persons who was the driver of the truck told his name as Bheem Shankar Trivedi @ Pratap and another one who was the cleaner of the truck told his name as Ashok Kumar Awashi @ Guddu (accused appellant). On being searched 336 kg charas was recovered from the hidden cavity made in the floor of the truck. That charas was contained in 440 packets. The accused persons had no licence to keep that contraband. So four samples of 25-25 gm were recovered from the recovered charas and were sealed in four envelopes. The rest of the charas was also sealed in 8 boras. The recovery memo was prepared and one copy of the same was given to each of the accused. The driving licence of the driver and the registration certificate and fitness certificate of the truck itself were also seized and the truck was kept in the godown of Customs Division Gorakhpur. The samples were sent to the Chemical Examiner. On being analyzed they were found to be of charas. The complaint was filed in the court of Sessions Judge Gorakhpur where from this case was transferred to the trial court.

(3.) The trial court framed charges against the accused appellant and co-accused under Section 20(b)(ii) and Section 23 of the NDPS Act. The accused pleaded not guilty to the charge and claimed to be tried.