DHARMENDRA KUMAR @ NANKHI RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the Narcotic Control Bureau.

(2.) The appellants in these three appeals are seeking suspension of their sentence and release on bail during pendency of the appeal. They have been convicted vide judgment dtd. 23/1/2025 and sentenced vide order dtd. 4/2/2025 passed by the learned Exclusive Special (N.D.P.S. Act) Judge, Court No. 1, Patna for the offences punishable under Ss. 20(b) (ii) (C), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act') Act in Special (NDPS Act) Case No. 20 of 2021 arising out of F. No. NCB/PZU/V/05/2021. They have been ordered to undergo rigorous imprisonment for eleven years and to pay a fine of Rs.1.00lakh for each of the offences. All the sentences are to run concurrently.

(3.) The prosecution case is based on the complaint petition (Official) filed by the complainant Paramhans Kumar, Junior Intelligence Officer, Narcotics Control Bureau (NCB), Patna (Exhibit 'P-29'). It is stated that the complainant received a secret information that one truck bearing Registration No. UP61T3403 is carrying huge quantity of ganja coming from Berhampur, Odisha and will reach Didargaj-Fatuha Road toll plaza on 26/2/2021 between 02:00 Hours-03:30 Hours. On this information, Superintendent, NCB Patna constituted a team and left by office vehicle on 25/2/2021 at 23:00 Hours with search and seizure kit and reached Didarganj-Fathuha Road at 01:00 Hours where they met with two persons, namely, Sanoj Kumar and Santan Kumar who were requested to become independent witnesses during search and seizure procedure on which they agreed.