NAVEEN SOOD Vs. NARCOTIC CENTRAL BUREAU, CHANDIGARH

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment of conviction dated 26th, June, 2007, passed by the learned Special Judge (Fast Track Kullu), under section 20 read with section 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985, in short The Act -, whereby the appellant has been sentenced to undergo the rigorous imprisonment for a period of 14 years and to pay a fine of rupees two lacs, in default of fine to further undergo the sentence for a period of one year.

(2.) IN short, the facts giving rise to this appeal can be summed thus. The Narcotic Control Bureau (NCB) Chandigarh, through its Intelligence Officer Sh. P.K. Sharma, (PW10) filed a complaint against the appellant and two others, hereinafter to be referred, the accused -, under the aforesaid sections, alleging that on 11th February, 2004 he (PW10) alongwith Sh.O.P.Sharma, Superintendent (PW11) NCB Chandigarh office alongwith Baldev Rai DEO and Sepoy Rajesh Kumar reached Kullu on a routine checking and surveillance. Around 12 p.m. they received secret information that some persons were involved in the drug trafficking and they might transport the contraband in a private Maruti car bearing registration number HP -34A -2533 at Bandrol - near Neeramati Road Kullu.

(3.) THE raiding party proceeded to the spot around 1 p.m. in a Quails vehicle and reached at Bandrol at 1.30 p.m. followed by the NCB team including Sh. O.P.Sharma, who travelled in their own government vehicle. The raiding party noticed a Maruti car bearing registration No. HP -34 -2533, at some distance parked on the curve at Neeramati road. There were four occupants in the car.