ASHOK JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The sole appellant has been convicted under Section 20(b) (II) of the Narcotic Drugs and Psychotropic Substance Act, 1985 and was sentenced to undergo R.I. for 10 years with a fine of Rs. one lakh, in default to undergo R.I. for one year.

(2.) The prosecution case, in short, is that a complaint case was filed by the Union of India, through Inspector, Custom(P) Division Motihari stating, inter alia, he received confidential information that a truck bearing registration No. UP 78B-4653 is loaded with Vansapti and is likely to cross Bihar State Excise Check Post with charas on 16.6.2001.

(3.) The Assistant Commissioner, Custom formed a preventive party of custom staff under leadership of Dr. Amardeep Singh, A.C. The aforesaid preventive party was deputed to N.H. 28, to inspect the said truck which arrived at Bihar State Excise Check Post at about 11 p.m. on 16.6.2001. The said truck was stopped and brought to Custom(P) office at Motihari. It is alleged that on checking of the aforesaid truck in presence of the independent witnesses as well the driver of the said truck, 20 kgs. of charas worth Rs. six lakh (6,00,000/-) was recovered from the wheat bags. The above-mentioned charas was concealed in 40 bags. The total weight of charas was 20 kgs. The said truck was also loaded with Vanaspati Ghee of 800 tins. After recovery of charas, seizure list Ext. 1 and Panchnama Ext. 2, were prepared by PW 1 which was signed by Pappu Pal and Ashok Kumar. It has been further submitted that voluntary statement of appellant, Ashok Jha was recorded in presence of Inspector J.P. Das under Section 67 of the NDPS Act, 1985 (in short 'the Act'). In the voluntary statement of the appellant, he has confessed that charas was recovered from wheat bags which were loaded on his truck. This voluntary statement has been marked as Ext. 3 which is in the writing of the appellant himself. Thereafter, interrogatory statement of the accused was also recorded in presence of PW 2 in terms of Section 67 of the Act. The said interrogatory statements is in the hand writing of appellant himself and has been marked as Ext. 5. It has been also alleged that the aforesaid article (charas) recovered from the wheat bags was sealed and sent for chemical examination. It has been also stated that from perusal of report of chemical examiner dated 11.7.2001, it transpires that after chemical examination the aforesaid article was found to be charas. The report of chemical examiner Custom House, Calcutta, dated 11.7.2001 has been marked as Ext. 8 under Section 294 of the Code of Criminal Procedure without any objection from defence side.