RATAN KUMAR VISHWAS Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) M. K. Mittal, J. Criminal Appeal No. 6636 of 2006 and 6570 of 2006 have been filed by Ratan Kumar Vishwas and Akhilesh Kumar Bajpai respectively against their conviction order passed under Section 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as Act) where under they have been sentenced to undergo rigorous imprisonment upto fourteen years and fine of Rs. two lacs has also been imposed on them with default stipulation. Criminal Appeal No. 6775 of 2006 and 7046 of 2006 have been filed by Virendra Kumar and Jitendra Singh, respectively against their conviction order passed under Section 29 of the Act where under they have been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. one lac has been imposed on them with default stipulation. Criminal Appeal (defective) No. 16 of 2007 and Criminal Appeal (defective) No. 499 of 2007 have been filed by Shambhu Prasad and Lalji Yadav respectively against their conviction under Section 23 of the Act wherein they have been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. one lac has been imposed on them with default stipulation. All these appeals have been filed against the judgment and order dated 7-10-2006 passed by Additional Sessions Judge, F. T. C. No. 1, Kanpur Nagar in Special Sessions Trial No. 149 of 2004. Since these appeal arise out of the same judgment, the prayer for bail as made by that se appellants for release during the pendency of their appeals is being decided by a common order.

(2.) I have heard Sri J. S. Sengar learned Counsel for appellants Ratan Kumar Vishwas and Jitendra Singh and Sri N. K. Singh learned Counsel for appellant Virendra Kumar and Lalji Yadav, Sri G. C. Saxena, learned Counsel for appellant Akhilesh Kumar Bajpai and Sushsri Amna Mumtaz, learned Counsel for appellant Shambhu Prasad and Sri S. K. Singh, learned Special Public Prosecutor for N. C. B. and have perused the trial Court record.

(3.) AKHILESH Kumar Bajpai told that this Charas was arranged by him to be sold through Ratan Kumar Vishwas (appellant) of Bharthana, District Etawah. He had given Rs. 20,000/- to Jitendra Kumar and Virendra Kumar to be given to Kamal of Veerganj, Nepal, through Govind. Recovery memo was prepared at the house of AKHILESH Kumar Bajpai and was signed by the witnesses and the officers present as well as the accused persons.