VIKKY PACHAURI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N. Ahmed, learned counsel for the appellant. Also heard Mr. S. C. Keyal, learned standing counsel, Custom.

(2.) Both the accused appellants have preferred this Criminal Appeal under Sec. 374(2) of the Cr.P.C., 1973 against the judgment and order dtd. 22/12/2020 passed by the learned Additional Sessions Judge, No.1, Kamrup(M), Guwahati in NDPS Case No. 62/2015 (arising out of Custom Case No. 01/CL/NARC/AS/GAU/2015-16) whereby the appellants have been convicted under Sec. 20(C) read with Sec. 29 of NDPS Act and sentenced them to undergo rigorous imprisonment for 10 (ten) years each and to pay a fine of Rs.1,00,000.00(Rupees one lakh) each and in default of payment of fine, to undergo simple imprisonment for 6 (six) months each.

(3.) The brief facts of the case is that the Inspector of Custom, Guwahati lodged a complaint stating inter alia that on 15/6/2015 they received an information that a twelve wheeler truck bearing No.UP-65-CT/0717 loaded with ganja proceeded outside the State through Baihata Chariali area on 16/6/2015 and accordingly the vehicle was intercepted with the help of other officials near Baihata Chariali police point. Two persons were found inside the truck, the driver introduced himself as one of the appellant Vikky Pachouri and another appellant Anand Patel introduced as helper of the driver. On being asked, they informed that they were transporting a consignment of coal from Guwahati to Kharioni, Uttar Pradesh. On further inquiry, both the persons confessed that in fact they proceeded to Routa for unloading ganja which was concealed under the consignment of coal and thereafter, the vehicle was taken to Customs office at Christian Basti, Guwahati for recovery of ganja. After removing the tarpolin cover from the truck, eight packets packed with HDPE materials found dry plant materials believed to be ganja which were weighing about 213 kg. Then the said suspected ganja was seized and the case was registered accordingly and the two appellants were arrested. After receipt of the report from the FSL, charge-sheet was submitted against both the appellants under Sec. 20(C)/29 of NDPS Act.