SHAMBHU PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 7.10.2006 passed by the Additional Sessions Judge(FTC), Court No. 1, Kanpur Nagar, in S.T. No. 149 of 2004, State v/s. Akhilesh Kumar Vajpaiyee and others, whereby the accused appellant Shambhu Prasad has been convicted and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac under Sec. 23 of the NDPS Act. It was also directed that in default of payment of fine the accused appellant shall further undergo three years imprisonment.

(2.) The prosecution case 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 (accused appellant), Bhola Prasad and Lal Ji Yadav. The appellant and the other co -accused persons served with the notice under Sec. 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.) All the accused persons were put to trial on the complaint filed by the arresting officer in the court concerned for the offences under Ss. 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.