DAVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants have assailed the judgement of conviction dated July 3, 2020 and order of sentence dated July 6, 2020 passed by the learned Additional Sessions Judge cum Judge Special Court (NDPS Act), Berhampore, Murshidabad, in NDPS Case No. 53 of 2010.

(2.) The Directorate of Revenue Intelligence (DRI) had lodged a complaint with the Court that, on the basis of a specific intelligence, to the effect, that a truck loaded with Ganja would pass through National Highway 34 on May 9, 2010, a team of DRI officers and staff had kept vigil on National Highway 34 at Girja More of Murshidabad district. At about 4 AM of May 9, 2010 the team had spotted a truck and intercepted it. Three persons including the driver had been found inside the truck. They had disclosed their identities. On preliminary search several rectangular packets of identical sizes wrapped with blue, black, white and green coloured polythene and pasted with cello tape had been found concealed under waste dry ash. The apprehended persons had claimed before the officers that they were under life risk at the spot and preferred the office of the DRI. They were thereafter taken to the office of the DRI where a total number of 181 packets containing Ganja had been recovered from the three accused. Three mobile phones along with other articles had been recovered during personal search of the apprehended persons. Weight of the Ganja had been found to be 3429.300 kgs.

(3.) After completion of the investigations, senior intelligence officer had submitted a complaint against seven accused on November 20, 2010. Two of the accused being the appellants had faced trial. The other accused were either absconding or could not be apprehended and therefore the case had been filed as against them.