SANTOSH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Central Government Counsel for the respondents.

(2.) This appeal has been preferred against the judgment of conviction dated 16.10.2014 and the order of sentence dated 17.10.2014 passed by learned Ist Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari in Trial No. 58 of 2010 arising out of N.D.P.S. Case No. 130 of 2009 for the offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter the "N.D.P.S.Act" for short). The Appellants have been awarded punishment of rigorous imprisonment for ten years and a fine of Rs. 1,50,000/- each and on default of payment of fine, a further term of one year's simple imprisonment.

(3.) According to the prosecution report filed by the Superintendent, Customs (Preventive) Division, Motihari dated 15.03.2010, information was received by Sri Sanjay Kumar Mishra, Havildar in the night of 11.12.2009 at 20:30 hours, pursuant to which a preventive team was constituted in the supervision of Sri V.N.Mishra, Superintendent, Customs (Prev.) Division, Motihari which rushed to the concerned spot on NH 28A between Pipra Kothi and Dumariya Ghat and intercepted a covered truck bearing Registration No. UP-78BT-2794. The truck in question was brought to the Customs Office, Motihari for search. The search was made in presence of the Driver (Appellant No. 1) and the Khalasi (Appellant No. 2) and two independent witnesses, when 20 bales of Ganja like material were found concealed in different portions of the truck 10 bales concealed in between the bags of edible makhana in the lorry and the remaining 10 bales concealed in the tool box of the lorry in all weighing about 200 kg. (gross). The statements of the Driver and Khalasi were also recorded in presence of the independent witnesses and they accepted their involvement in the illegal trade. Three samples of the material were drawn in presence of the independent witnesses, Driver and the Khalasi and the signatures of all the said persons along with L.T.I. of the Driver and Khalasi were taken on the packets of the drawn samples. One of the three samples was sent to the Laboratory for confirmatory test, report whereof was awaited. The entire materials comprising of 20 bales of ganja weighing 200 kg (gross) valued at Rs.4.00 lakhs along with 100 bags of edible makhana weighing 1350 kg valued at Rs.1,35,000/- and the covered truck valued at Rs.15,00,000/- were seized under the provisions of Act and follow-up action was also taken by way of summons to the owner of the edible makhana and the owner of the vehicle.