VIKASH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant interlocutory application, under Sec. 430(1) and (2) of the B.N.S.S., has been filed on behalf of applicant for suspension of sentence in connection with the Judgment of conviction dtd. 28/4/2023 and order of sentence dtd. 1/5/2023 passed by the learned Special Judge N.D.P.S., Jamshedpur in NDPS Case No. 08 of 2022, arising out of N.C.B. Case No. 06 of 2021, whereby and whereunder, the applicant has been sentenced to undergo R.I. for 20 years for the offence committed under Sec. 20(b)(ii)(c) of NDPS Act along with fine of Rs.2,00,000.00 and in default of payment of fine, he has further been directed to undergo R.I. for six months; the applicant has also been sentenced to undergo R.I. for 20 years for the offence committed under Sec. 25 of NDPS Act along with fine of Rs.2,00,000.00 and in default of payment of fine, he has further been directed to undergo R.I. for six months and; the applicant has further been sentenced to undergo R.I. for 20 years for the offence committed under Sec. 29 of NDPS Act along with fine of Rs.2,00,000.00 and in default of payment of fine, he has further been directed to undergo R.I. for six months.

(2.) The prosecution story, in brief, requires to be referred herein which is as under:

(3.) Prosecution case as mentioned in the offence report cum remand petition filed through SPP, NCB on 10/6/21 for violation of Sec. 8(c) r/w Sec. 20(b)(ii) (C), 25 and 29 of the NDPS Act, 1985 is that upon secret information after following all statutory procedure a team of NCB, with the help of police, intercepted red colour Eicher Pro 1059 XP Goods Carrier truck bearing registration No.JH-05-V-2371 escorted by Hero Blue Colour Glamour bike bearing registration No.JH-05-BL-6834. The two persons including driver traveling on the red colour goods carrier truck disclosed their names as Krishna Choudhary and Deepak Paswan. The two other persons boarding the seized Hero bike escorted the above said goods carrier truck disclose their names as Vikash Kumar who was driving the bike and Arjun Kumar Yadav who was co-rider of the bike.