RANJEET PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal has been filed by Ranjeet Pal against the judgment and order dated 30.1.2009 passed by the Additional District Judge/Fast Track Court No.3, Gorakhpur in S.T. No. 57/2007 (Union of India vs. Ranjeet Pal and others) under Section 8/20/23 of the NDPS Act, whereby the trial court has convicted the accused appellant and one Zahirul Haq under Section 8/20 of the NDPS Act and sentenced them to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 1 lac each. It was also directed by the trial court that in default of payment of fine the accused persons shall undergo further imprisonment for one year.

(2.) The prosecution case in brief is that on 14.3.2007 the officers of Custom Preventive Division office received information that Ganja in heavy quantity is being transported by Truck No. H.R.-38K-5935 from Guwahati to Delhi. Believing this information the Custom Officers namely Satish Chandra Mishra, I.Q. Khan, Rakesh Kumar Srivastava and Hari Lal along with two independent witnesses Iqbal Ahmad and Habib Ahmad reached near Kusumahi Jungle Forest Barrier of National Highway No.28. A truck was spotted by them coming from Tamkuhi that was intercepted by the Custom officers and the same was searched by them. The driver of that truck told his name as Ranjeet Pal (accused appellant) and another one told his name as Zahirul Haq. They were apprised of their right of being searched before any officer or Magistrate but they consented to be searched by the Departmental Gazetted Officer. On their personal search no incriminating article was recovered but from the cabin of the truck 50 kg and 100 gm Ganja in 3 packets was recovered. From each of the packets 25 gm Ganja as sample was taken and the same was sealed on the spot. The residue of the Ganja was also sealed on the spot and the inventory of the Ganja and the site plan of the spot were also prepared and the same were got signed by the witnesses and the accused persons. Thereafter the said truck along with Tulsi Paan Masala was taken to custom office and the higher officials of the Department were accordingly informed. The statement of the accuused under Section 67 of the NDPS Act was got and was got signed after having read over to them. The sample was sent to Government factory. On analysis the same was found to be of Ganja. A complaint under Section 8/20/23 of the NDPS Act against the accused appellant and co-accused Zahirul Haq was filed in the competent court.

(3.) The trial court framed charges against the accused appellant and co-accused Zahirul Haq under Section 8/20 of the NDPS Act. The accused pleaded not guilty and claimed to be tried.