KRISHNA GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Daya Shankar Mishra, Senior Advocate, assisted by Sri Chandrakesh Mishra, Advocate, on behalf of applicant and Sri Ashish Pandey, learned counsel appearing on behalf of Narcotic Control Bureau, Lucknow.

(2.) This Criminal Misc. Bail Application has been preferred by the applicant, Krishna Gopal, in Case Crime No. 28 of 2018, under Section 8/20/27-A/29/60(III) of N.D.P.S. Act, Police Station- Vaidpura, District- Etawah.

(3.) The allegations against the applicant are that a secret information was received from Zonal Director, Narcotic Control Bureau, Lucknow (hereinafter referred to as 'NCB') by Sri Narendra Kumar, Intellegence Officer, NCB, Lucknow that on 17.12.2018 at Etawah-Saifai Road, applicant and six other accuseds are proceeding for delivery of ganja; that after reducing to writing the aforesaid information, the Zonal Director, NCB, constituted a team which intercepted one truck and another Maruti Swift Desire Car on the informed place; that in the aforesaid vehicles Vinay Kumar (truck owner), Sarvesh Kumar (truck driver), Brijesh (helper of truck) and Shamshad Khan, were sitting inside the truck and Prashant Singh, Gulfan and Krishna Gopal (applicant) were sitting inside the aforesaid car; that all the accuseds were apprised of their legal rights as per Section 50 of the NDPS Act and they were searched before a Gazetted Officer as per their wish; that nothing was recovered from personal search of the accuseds but from the Swift Desire Car, wherein the applicant was sitting along with co-accuseds, Prashant Singh and Gulfam, four plastic gunny bags were recovered; that from the aforesaid bags green substance was recovered which on testing was found positive for ganja; that the weight of the aforesaid ganja recovery was found to be 204.50 kg; that from the search of the truck aforesaid 12 gunny bags having 453.50 kg of ganja was recovered; that the description of the packets recovered from the Swift Desire car were L1P1 (51.700 kg), L1P2 (50.00 kg), L1P3 (51.300 kg) and L1P4 (51.500 kg); that from the truck 12 gunny bags of ganja were recovered. Samples of 24 gm of each were taken out and marked as L1S1, L2S2, L3S1, L3S2, L4S1, L4S2, L5S1, L5S2, L6S1, L6S2, L7S1 and L7S2; that statements of all the 7 accuseds were recorded under Section 67 of NDPS Act wherein they confessed to their involvement in illicit trafficking of ganja; that they were arrested and produce before ADJ-7, Etawah along with seized truck and were remanded to the Judicial custody; that samples sent for examination were found positive for ganja vide report dated 28.01.2019 of the Government Opium and Alkaloid Works, Ghazipur; that mobile call details of the accuseds were collected which proves that they were involved in the alleged offence and were in close contact with each other. Hence, the complaint was instituted against the applicants before the District and Sessions Judge, Etawah.