RAJ KUMAR BAJPAEE Vs. STATE OF U.P.

JUDGEMENT

(1.) These three criminal appeals have been filed by the appellants Raj Kumar Bajpai, Anand Tiwari and Akhilesh Dixit against the judgment and order dated 17.02.2009 passed by Sessions Judge, Gorakhpur in Special Trial No. 64 of 2007, Union of India Vs. Raj Kumar Bajpai and two others under Sections 8, 20 of the NDPS Act, P.S. Pravartan Abhikaran DRI, District Gorakhpur by which the appellants were convicted under Sections 8, 20 of the NDPS Act and sentenced to 12 years R.I. and a fine of Rs. 1 lakh each and in default of payment of fine one year additional R.I., each.

(2.) Briefly stated, facts of the case, as evident from the complaint filed by Rajeev Kumar Gupta, complainant, who was posted as Intelligence Officer, Directorate Revenue Intelligence, Gorakhpur at the relevant point of time, before the Sessions Judge, Gorakhpur are that Assistant Director, Directorate of Revenue Intelligence, Regional Unit, Gorakhpur received a secret information on 26.02.2007 at about 13:00 hours from Sri R.K.Singh, the Additional Director, D.R.I., Lucknow Zonal Unit Lucknow that a Toyota Quallis bearing registration no. 31 -H -8717 which was coming from Gopalganj side and going towards Gorakhpur was carrying contraband (charas) in a huge quantity for being delivered to someone in Rohtak (Haryana). After noting down the aforesaid information in writing the Assistant Director, Directorate of Revenue Intelligence Regional Unit, immediately called his subordinate officers Pankaj Mishra, Intelligence Officer, Directorate of Revenue Intelligence, Sub Regional Unit, Gorakhpur, Mohd. Shahid, Intelligence Officer, Sub Regional Unit Varanasi and Sri Rajeev Kumar Gupta, Intelligence Officer, Directorate of Revenue, Sub Regional Unit, Gorakhpur and directed them to take necessary action urgently. Acting swiftly the aforesaid officers rushed to Nandanagar crossing NH -28 from where the aforesaid vehicle was expected to pass and procured Sri Anand Singh son of Nathan Singh and Sri Anil Pathak son of Sri G.S.Pathak, residents of Awas Vikas, Betia Hata, Gorakhpur and told them to witness the proposed action of interception and search of the aforesaid Toyota Quallis for the possible recovery of contraband (charas), to which both of them readily agreed.

(3.) At about 15:00 hours a silver grey colour Toyota Quallis bearing registration no. UP -31 -H -8717 was seen coming from Gopalganj side. The officers signalled the driver of the aforesaid vehicle to stop at Nandanagar Railway Crossing but the driver did not stop, on which the officers and witnesses chased the aforesaid vehicle by a Govt. Ambassador Car bearing registration no. DL -6 -CA 8569 and stopped the aforesaid Toyota Quallis in front of Awantika Hotel in Moaddipur Gorakhpur after over taking it on NH -28. Three persons were found sitting in the aforesaid Toyota vehicle, one on the driver's seat, other on the seat next to the driver's seat and the third one on the rear seat. The officers disclosed their identity to the occupants of the Toyota Quallis and confronted them with the information received by them regarding carrying of contraband charas by them in their car. On being quizzed, further the driver of the Toyota Quallis disclosed his name as Akhilesh Dixit son of Sri Brijesh Kumar Dixit r/o Shanti Nagar Garhi Road near Mishri Devi School, Lakhimpur, P.S. Kotwali, District Lakhimpur. The person who was sitting next to the driver's seat told that his name was Anand Tiwari and he was son of Kiran Prakash Tiwari r/o village Mirzapur (Tewaripurwa), Post - Mohmed Nagar, P.S. Ramgaon, District Bahraich. The third occupant of the Toyota Quallis said that his name was Raj Kumar Bajpaee and he was son of Durga Prasad Bajpai r/o village and post Newada, P.S. Ramgaon, District Bahraich.