SHATRUGHAN PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) On 12.10.2003 Officer of the Custom Department intercepted the Truck No. H.R. 38-B-9697 near Chainpur crossing on Gorakhpur and Ghaziabad Road and recovered 140 kg. Nepali Ganja in 10 packets worth of Rs. 4,23,000.00 which was being transported, hidden in between iron scraps and Gutaka and Pan Masala packets Recovered articles were seized and the driver and cleaner were arrested by the official of the Custom Department.

(2.) Sri R.P. Srivastava, learned Counsel for the applicant contended with vehemence in the present case applicant is the driver and had no knowledge or notice of aforementioned Narcotic Drugs and Psychotropic Substance and as such his detention in jail is unjustifiable.

(3.) Learned A.G.A, on the other hand contended that applicant apart from driver is owner of the truck also, everything was done by his connivance and concealed articles had been recovered, as such it is not a fit case for bail.