T B ANTHONI Vs. UNION OF INDIA

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. The above named appellant-accused was tried in Special Case No. 29 of 1998 and the Special Addl. Session Judge, Siddharth Nagar by judgment and order dated 14. 8. 2001 held him guilty under Section 20-B (11) of the Narcotic Drugs and Psychotropic Substances Act and punished him with 10 year rigorous imprisonment plus fine Rs. 1, 00, 000/ -. In default further six months rigorous imprisonment.

(2.) THE prosecution case is that on telephonic information received by PW. 2 R. N. Rai Superintendent Customs, Barhani on 31. 5. 1998 at 6. 00 A. M. that Maruti Car bearing No. UP 53a-5353 carrying Charas will pass from Khanua border around 8 o'clock or so in the morning, he reduced the information into writing and handed it over to Inspector RW. 1-T. H. Ansari for sending it to the higher authorities, with direction to form party to accompany him to the bor der. It is said that party comprising RW. 1, RW. 2 and few spays reached the check post at Khanua on India-Nepal border around 8 O'clock in the morning where two more customs inspectors Irfan Ullah and S. R Verma also joined the party. Inspector Irfan Ullah brought two public witnesses RW. 3 Mohd. Mushte Hasan and Kuiu Prasad also at Khanua border, where the party fey in wait for the car in question.

(3.) THE prosecution examined PW. 1-T. H, Ansari, Inspector Customs, Circle Barhani, RW. 2-R. N. Rai Superintendent Sonauli, RW. 3-Mohd. Mustahasan of recovery of the contraband articles from the car. THE prosecution examined three witnesses. PW. T. H. Ansari is the Inspector Customs who was informed about the expected arrival of the accused in a Car and who thereafter formed party and came over the spot and took the search of the accused and the car after he was apprehended and recovered the contraband material as noted above. PW. 2 R. N. Rai is the Custom Superintendent who received information about the arrival of ' " the contraband Charas from the informer and who witnessed the search of the accused and Car by RW. 1. PW. 3 Mohd. Mustahasan is public witness who was called to witness the search and recovery from the accused and that of his car and who has testified to the same. THE case of the appellant was of plain-denial. THE Session Judge found the evidence of the prosecution dependable and convicted the accused as noted above.