AZAZ KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitionerappellants and learned counsel for the State.

(2.) Prosecution case, in brief, initiated on complaint petition of Sri H.N. Jha, Inspector, Custom Division, Muzaffarpur is that on 13.02.2006 after receiving secret information to the Preventive Team of the Custom Department, he along with others rushed towards Motihari road along with two independent witnesses, reached near Kanti on N.H. 28 and saw a tanker bearing Registration No. H.R.63-9564 coming from Motihari side. Vehicle was Patna High Court CR. APP (SJ) No.965 of 2009 dt.27-04-2012 2 stopped by Custom Officials, its driver was enquired about contents of the tanker and same was replied about remaining of some banned substance explaining that they were not aware about its nature as same was kept in the tanker forcibly. After opening of the third chamber of tanker, some packets wrapped with polythene sheets and tied with jute ropes were found kept. Tanker was brought to the Custom Office at Muzaffarpur where 17 packets were recovered from third chamber of the tanker, same is said Ganja which was weighed to be 125 kg. Article recovered from the tanker was seized in presence of two independent witnesses. Vehicle was also seized, three representative samples of 10 gm. each were taken away from seized packets and sealed. Driver of the vehicle was Ajaj Khan and its khalasi, Jitendra Yadav. Samples are said to be examined and a report is also there on record.

(3.) Both accused persons were arrested, put on trial which ended in conviction and sentence for the offence under Section 20(b)(ii)(c) of the N.D.P.S. Act.