LALA TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the appellants, being aggrieved by the judgment dated 6th of October, 2004 passed by the 5th Additional Sessions, West Champaran, Bettiah in Trial No. 06 of 2001 holding them guilty of offence u/s. 23 of the Narcotic Drugs and Psytchotropic Substances Act, 1985 and sentencing them to undergo rigorous imprisonment for twenty years each, have preferred this appeal.

(2.) ACCORDING to the prosecution, on the basis of an Intelligence message Ambassador Car bearing registration No. U.M.Y -2527 having plate of "Bharat Sarkar" affixed in its front portion, was intercepted by the Valmikinagar Custom Staff at Valmiki Nagar Custom Check Post on 11th January, 2001 at 6 A.M. On interception two persons, namely, Manoj Kumar Tiwari and Lala Tiwari alias Surya Prakash Tiwari, appellants herein were found travelling in the car. On inquiry Manoj Kumar Tiwari disclosed that he is the driver of the Car who had gone alongwith the other accused to drop the officials of the National Thermal Power Corporation to Kathmandu for official work after taking Bhansar (entry tax) paper and Nepali number plate. According to Manoj Kumar Tiwari his sister 'smarriage ceremony was scheduled to be held on 20th January, 2001 and to invite his friend who lives at Bagaha both of them had gone towards the Valmikinagar Border.

(3.) ACCORDING to the prosecution, both the appellants in their voluntarily statement recorded on 11th of January, 2001 accepted their guilt. The Chemical Examiner, Chemical Laboratory, Custom House, Calcutta examined the sample and found the same responding to the test for reginous extract from plant Canva and accordingly opined that it is Charas/Hashish.