AJAY KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant of former appeal, Ajoy Kumar Singh, has preferred this appeal against his conviction under Section 20(b)(II)C of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs.1,00,000/- (one lac), in default of payment of fine to undergo further rigorous imprisonment for three years. Both the sentences were ordered to run concurrently in Customs (N.D.P.S.) Case no.120 of 2003-04 (Trial no.67 of 2006). The latter appellant that is in Cr. Appeal no. 553 of 2007, being owner of the truck, has preferred this appeal against order of confiscation of the vehicle. Both the appeals are heard together and are being disposed of by this common order.

(2.) PROSECUTION case, in short, is that on the basis of secret information received at 8.00 P.M. on 25.1.2004 that a truck bearing registration no. BR- 22A/5586 is carrying Nepali Ganja concealed beneath gunny bags of sugar is likely to cross Muzaffarpur at about 10.00 P.M. on the same day. The Custom officials formed a team and moved towards Motihari at N.H.28 at about 10.15 P.M. Customs Official saw speedy truck coming from Motihari side and tried to confirm the registration number but failed due to its being muddy. On chase the truck was intercepted and number plate was verified after getting it cleaned. On the request of the driver examination of truck could not be done on the road side and considering the security it was brought to Customs Division, Muzafferpur. Two independent witnesses were called. The said truck was searched before them as well as the driver of the vehicle and found that bags of Ganja (N.D.P.S) was concealed beneath the sugar bags loaded on the truck. Further keeping in mind the darkness and difficulty of unloading of the truck, further search of entire truck was kept in abeyance. In morning it resumed only after flag hoisting as next morning it was republic day. Further case of the prosecution was that four bags Ganja (N.D.P.S) were found and each bags was containing 6 packets in polythene sheet and tied with thin rope, that is sutli. Gross weight of the said Ganja found to be 205 Kilograms and net weight was found to be 204 Kilograms valued at Rs.4,08,000/0 lacs only. Three representative samples, each of 50 grams were drawn in presence of independent witnesses and the appellant, that is driver, and were kept in envelop with seal. On further interrogation the driver accepted his guilt and disclosing his identity further revealed the names of the persons involved. Accordingly, offence complaint was filed, against the persons apprehended during inquiry seeking their punishment with further prayer for confiscation of the articles recovered and seized including the truck and enquiry was kept pending against other absconding. Thus, only two persons, the appellant Ajoy Kumar Singh and one Ekbal Faizee, alleged owner of sugar bags, were tried but finding no documentary evidence against Ekbal Faizee, he was acquitted, however, finding the charges established against the appellant, he was, accordingly, convicted and sentenced, as aforesaid, simultaneously sugar and truck involved was ordered to be confiscated, giving rise to the appeals. Altogether seven witnesses, namely, Ravindra Kumar Singh, Kamal Kishore Prasad Verma, Amar Singh, Mithilesh Kumar Singh, Jai Prakash Mandal, Bhushan Kumar, and Khanna Chandra Manjhi, were examined on behalf of the prosecution before the trial court besides producing following documents as Exhibits:

(3.) IT is to be seen in these two appeals whether the prosecution has been able to substantiate the charges beyond any shadow of reasonable doubt and whether the finding of the Court below require any interference.