SUNEEL KUMAR YADAV @ BHOORI Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 5.8.2015 passed by Special Judge (P.C. Act)/Additional Session Judge, Gorakhpur in S.S.T. No. 117 of 2011 (State Vs. Suneel Kumar Yadav @ Bhoori and one another), P.S. Cantt (D.R.I.), District Gorkhpur, whereby the accused-appellant Suneel Kumar Yadav @ Bhoori has been convicted and awarded punishment under Section 8/20 (ii) (c) of NDPS Act of 10 years rigorous imprisonment, fine of Rs. 1,50,000/- and in default of payment of fine, one year additional rigorous imprisonment. Further he has been convicted under Section 8 / 23 (C) of NDPS Act and has been awarded punishment of 10 years rigorous imprisonment, fine of Rs. 1,50,000/- and in default of payment of fine, one year additional rigorous imprisonment and both the sentences have been directed to run concurrently.

(2.) Facts of the case are as follows.

(3.) On 5.2.2011 at about 8:00 am Intelligence Officer Arvind Kumar Srivastava (PW-1) of Directorate Revenue Intelligence, Gorakhpur Branch received an specific information that a truck bearing Registration No. UP 92B 0638 was coming towards Gorakhpur from Nepal through Sonauli border on 5.2.2011, in which contraband charas was being carried in a cavity built in the drivers cabin. After having received this information, PW-1 along with Sri R.L. Pathak, Sr. Intelligence Officer (PW-2), Sri Saumitra Bhattacharya, Intelligence Officer, Sri Sabhajeet Singh, Intelligence Officer (PW-4), Sri Raghav Ram, Head Hawaldar and L.N. Pandey, Driver and two independent witnesses namely Tanvir Alam and Farhan Khan proceeded for Campierganj Crossing located on Sonauli Gorakhpur Highway at about 8:00 hours on the same day and waited for the said truck to arrive. At about 15:20 hours the said truck was spotted at the Campierganj Crossing moving towards Gorakhpur. The complainant along with his colleagues and independent witnesses immediately chased the truck and had over taken it and signaled it to stop. The complainant disclosed his identity along with his colleagues to the occupants of the truck and apprised them about the information that they had received regarding charas being transported in the said truck. The occupants disclosed their names as Suneel Kumar Yadav @ Bhoori, Satyaveer Yadav and Anwar Khan. Initially, they denied about carrying any charas in the said truck but when confronted emphatically with the said information, all the three accepted that the charas was concealed by them in a especially built cavity in the driver's cabin. Thereafter, the complainant gave them option in writing for their personal search and search of their truck to be conducted before a Magistrate or a Gazetted Officer and simultaneously, they were also informed that their team consisted of Gazetted Officers i.e. Sr. Intelligence Officer of Directorate of Revenue Intelligence. At this, all the three gave their consent in writing that the truck could be searched before the said Gazetted Officer of their department. Thereafter, the accused due to requirement of sufficient space for search and for security reasons and requirment of the tools for reaching the cavity proposed to the accused that the truck be taken to Customs Division, Gorakhpur Office premises, to which all the three agreed. Pursuant to the said consent, the truck was brought to the premises of Customs Department, Gorakhpur, where the search was conducted. Personal search of all the three accused was also conducted and the details thereof were recorded in Annexure Ka. The documents recovered pursuant to the search were listed in Annexure-Kha of the said Panchnama. During the search of the truck, a specially built cavity was discovered in the roof of the driver's cabin and substance wrapped in thin transparent plastics (Cellophane) was found, which appeared to be charas, descreption of which was as follows:-