JITENDRA RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Criminal Appeal No.949 of 2011 filed on behalf of appellant Dinesh Singh and Criminal Appeal No.1134 of 2011 filed on behalf of appellant Jitendra Rai were preferred from Jail. However, in due course, appellant of Cr. Appeal No.1134 of 2011 was duly represented by the learned counsel while appellant of Cr. Appeal No.949 of 2011 was represented by the learned Amicus Curiae.

(2.) Both two above referred appeals commonly originate out of DRI Case no.06 of 2004, wherein judgment of conviction was delivered on 11.04.2011, convicting both the appellants namely Dinesh Singh and Jitendra Rai for an offence punishable under Sections 20(B), 23, 25 of the N.D.P.S. Act and each one of them was sentenced vide order dated 18.04.2011 to suffer rigorous imprisonment of ten years as well as fine of Rs. One lac in default thereof, to suffer simple imprisonment of one year additionally under each head with a further direction to run the sentences concurrently by the 7th Additional Sessions Judge-cum-Special Judge, N.D.P.S. Act, Muzaffarpur. Hence, this appeal.

(3.) R. K. Srivastava (PW-1), Intelligence Officer, Directorate of Revenue Intelligence, on getting confidential information on 18.03.2004 to the effect that 'Ganja' was being illegally transported by a container truck bearing registration no.WB-03-7686, came in action and after constituting a raiding party came over NH-28 near Panapur and seeing the aforesaid vehicle given signal to stop, whereupon vehicle stopped. On due search of container, 52 packets of 'Ganja' weighing 468 kilograms was found and seized and on account thereof, the driver and Khalasi of the said truck were apprehended. It has further been averred that during course of interrogation, Jitendra Rai and Dinesh Singh, who were driver and cleaner respectively confessed their guilt and disclosed that they were carrying the aforesaid 'Ganja' to be handed over at Pahari, Patna from Ruxaul and for that they were paid Rs.10,000/-. Because of the fact that transportation of aforesaid 'Ganja' was in utter violation of Sections 20, 23 and 25 of the N.D.P.S. Act hence accused were taken to custody. It has further been disclosed that after preparing sample, same was sent to recognized government laboratory that means to say Chemical Laboratory, Custom House, Kolkata and as per the report dated 29.04.2004, it has been found to be 'Ganja' and on account thereof, after enquiry/ investigation complaint was filed on 14.09.2004, although, both the appellants were produced on 18.03.2004 itself on the basis of arrest memo, seizure memo, recovery memo, panchnama, history sheet with regard to institution of DRI Custom Case no.06 of 2004.