GUDDU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 30.06.2014 and Order of sentence dated 15.07.2014 passed by 1st Additional Sessions Judge, Patna in Special Case No. 24 of 2007 whereby the learned trial court acquitted the accused Satish Bhatia and Aruna Malhotra from all the charges levelled against them while convicted the accused Guddu Kumar under Sections 20(b)(ii)(c) and 25 of the N.D.P.S. Act and sentenced him to undergo R.I. for 15 years and also slapped him with the fine of Rs.1 lac under Section 20(b)(ii)(c) of the N.D.P.S. Act and further sentenced him to undergo R.I. for 15 years and also slapped him with the fine of Rs. 1 lac under Section 25 of the N.D.P.S. Act and in default of payment of fine to further undergo imprisonment for two years. Both the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Custom Hqrs. Unit Case No. 03 of 2007, Special Case No. 24 of 2007 was instituted against the accused Guddu Kumar on the basis of the complaint filed by the complainant Durga Chawdhary, Inspector of Customs (Prev), Patna with the allegation in succinct that on tip off about transporting ganja on the Truck bearing Registration No. HR-47A-4105, officers of the Customs Hqrs, Patna after constitution of a raiding party rushed in verification of the information and intercepted aforesaid Truck at Pahari near Gandhi Setu, Patna on 19.04.2007. On making query, driver of the truck namely Guddu Kumar refused to have any contraband in the truck. Then two independent witnesses were requested to be present for conducting search of the truck. The truck along with the driver and the witnesses was taken to nearby Transport Nagar for thorough search as it was difficult to search at the roadside due to congregation of the crowd. Further allegation is that the truck was a close door container under lock and key of driver. Taking the key from the driver, the truck was searched in presence of the driver and the independent witnesses and on search three bundles each containing two packets total weighing 60 Kg ganja worth Rs.1,20,000/-, kept concealed under the Real Apple Juice packets loaded on the aforesaid truck was recovered. Sample of the ganja was drawn before two independent witnesses and the accused and sample was sent for its examination to the General Manager, Government Opium and Alkaloid Works, Ghazipur, U.P. which confirmed the seized contraband to be ganja vide its report dated 16.07.2007. Vehicle and packets of real apple juice were also seized for concealment of the aforesaid contraband. After completing the formalities, said driver namely Guddu Kumar was apprehended on 19.04.2007 at 4 PM. Subsequently, certification of the seized ganja, truck and packets of the real apple juice was made by Judicial Magistrate on 28.05.2007. Driver of the truck confessed his guilt in the occurrence.