RAJKUMAR SHARMA @ RAJKUMAR DHIMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 18.1.2013 passed by Additional Sessions Judge, Court No.2, Varanasi in Special Trial No.174 of 2007 (Union of India vs. Rajkumar Sharma @ Rajkumar Dhiman), under Sections 8/20/23/27A/29 NDPS Act P.S. NCB District Varanasi whereby the the accused appellant has been convicted and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac under Section 8/20 (C) and 8/29 of the NDPS Act on each count. It was also directed that in default of payment of fine the accused appellant shall further undergo one year additional imprisonment on each count. The substantive sentences of imprisonment were directed by the trial court to run concurrently.

(2.) The prosecution case, in brief, is that on 26.1.2007 the Intelligence Officer Mohammad Shahid received information that one silver grey coloured Santro Car having registration No.UP53 W/3338 was coming from Nichlol and going to Auraiya. In that car huge quantity of Nepali Charas (Hashish) is being carried in the hidden cavity made inside the car. The arresting team along with independent witnesses Sanjiv and Raju came to Varanasi Ghazipur Highway near Chiraigaon Block and waited for that car to come. The car came at about 10 a.m. The arresting team tried to stop that car but the same was speeded up to flee away. On being chased by the arresting team the same was intercepted and stopped at Ashapur Crossing. The said car was being driven only by the driver Rajkumar Sharma @ Rajkumar Dhiman (accused appellant) and no one else was there in the car. The driver on inquiry disclosed his name as Rajkumar Sharma @ Rajkumar Dhiman. He refused to get himself searched before a gazetted officer or a Magistrate. Thereafter the car was driven to 3 Patel Nagar, Mint House, Nadesar, Varanasi where the same was searched and on being searched 42 kg 350 gms charas and 2 kg Hashish oil were recovered from the hidden cavity made inside the car. On interrogation the accused appellant told that the recovered narcotic articles belonged to one Bharat Singh. From the recovered narcotic articles 6 samples were taken and thereafter recovered articles were sealed. The recovery memo was prepared and on the basis of that recovery memo FIR was lodged under Section 8/20/23/27A/29 of the NDPS Act at P.S. NCB District Varanasi.

(3.) A complaint was filed against accused Rajkumar Sharma @ Rajkumar Dhiman, Sudhir Kumar @ Kallu, Neeraj, Om Prakash Verma and Bharat Singh in the court of Sessions Judge who took cognizance of the case and summoned the accused vide order dated 23.7.2007. The other co-accused namely Sudhir Kumar @ Kallu, Neeraj, Om Prakash Verma and Bharat Singh were declared absconder and their files were separated from the file of the accused appellant and the case of the accused appellant was transferred to the trial court.