AJAY KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) All the appeals have been heard together and a common judgment is being passed.

(2.) The appellants Ajay Kumar Gupta (Cr. Appeal No. 751/2016) and Jasvinder Singh @ Kooki (Cr. Appeal No. 807/2016) have been convicted under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act 1985 and appellant/(Cr. Appeal No. 647/2016) has been convicted under Section 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 and all have been sentenced to undergo rigorous imprisonment for ten years to pay a fine of Rs. 1 00 000/-(one lakh) and in default of payment of fine to further suffer rigorous imprisonment for two years for the offences under Sections 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985 respectively by judgment and order dated 02.08.2016 passed by the learned Additional Sessions Judge 1st Vaishali at Hajipur in C2A 01 of 2013.

(3.) Sujeet Kumar (P.W. 5) Intelligence Officer Narcotics Control Bureau (N.C.B) Zonal Unit has lodged a complaint alleging that on 21.12.2013 one Rohit Srivastava (P.W. 4) an Intelligence Officer N.C.B Patna Zonal Unit received a secret information that a consignment of pentazocine a psychotropic substance is being transported illegally by a person in turban from Hajipur to Lucknow by train for being sold in the market as an intoxicating item. The aforesaid information was reduced in writing and Sri. Vikash Kumar (P.W.8) Superintendent N.C.B was informed about the same. A team was constituted comprising Rohit Srivastava (P.W. 4) Gyan Prakash (P.W. 1) Bikash Kumar (P.W. 6) Ram Balak Chaudhary D.E.O Ravi Ranjan Kumar Surveillance Assistant (P.W. 7) Manoj Kumar Yadav (Sepoy) and Satish Chandra Driver. The aforesaid team reached Hajipur Railway Station on the same day at 19:30 hours. One Piyush Ranjan (P.W. 2) Booking Clerk Parcel House was apprised of the secret information. Aforesaid Piyush Ranjan (P.W. 2) confirmed that at about 19:00 hours the appellant/Jasvindar Singh @ Kooki (Cr. Appeal No. 807/2016) had got a consignment booked in his office which was weighed by Sudeshwar Sah (P.W. 3). Aforesaid Sudeshwar Sah (P.W. 3) also confirmed the information provided by P.W. 2. Both P.W.s 2 and 3 were made known the purpose of the visit of the raiding team. The aforesaid prosecution witnesses were requested to become independent witnesses of the search and seizure operation to which they agreed.