LAXMAN YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal has been filed by appellant Laxman yadav against the judgment and order dated 30.11.2007 passed by the Addl. Sessions Judge, Court No.2, Varanasi in Special Case No.200/04 Union of India vs. Laxman Yadav and others, whereby the accused appellant Laxman Yadav and co-accused Amit Seth were convicted under Section 20(II)(C) of the NDPS Act and were sentenced to undergo rigorous imprisonment for 12 years each and to pay fine of rupees one lac each. They were further directed to undergo further imprisonment for two years in default of payment of fine.

(2.) Eschewing unnecessary details the prosecution case, in nutshell, is this that on 5.5.2007 the Intelligence Officer of the N.C.B. Department Varanasi received a secret information that the accused appellant Laxman Yadav was having Ganja in his house bearing number 45/41 Bhaironath, Varanasi in huge quantity for sale. On that information the Intelligence Officer Sri Rakesh Kumar Gupta along with other officers and employees of his Department raided the house of the accused appellant. On search of his house 821 kg and 500 gm Ganja was recovered from his house. It was about 11.15 a.m. and in the follow-up action 630 kg Ganja was also recovered from the house of co-accused Amit Seth, which was said to be the part of the Ganja recovered from the house of accused appellant Laxman Yadav. The accused appellant had also told the officers of the raiding party that he along with Gopal Seth, Sushil Kumar and Arvind Rai have been doing this illegal business of Ganja for the last about 4 years. The sample of the said contraband was taken and the recovery memo in that regard was prepared on the spot. After investigation a complaint was filed against Laxman Yadav (accused appellant), Amit Seth, Gopal Seth and Sushil Seth.

(3.) The trial court framed the charges under Section 20/29 and 27Ka of the NDPS Act against the accused persons. The accused persons denied the charges and claimed to be tried.