Anant Kumar,J. - (1.) This criminal appeal under Section 374 (2) of Cr.P.C. has been filed against the judgment and order dated 12.07.2013, passed by the learned Additional District and Sessions Judge, Court No.8, Lucknow in Criminal Case No. 281A of 2006 (Union of India v. Aashu Pandit @ Aashu Bajpai @ Aash Narayan Sharma) by which the appellant has been convicted for the offence under Section 8(C)/20(B)(II) of NDPS Act, 1985 and sentenced to undergo 14 Years' R.I. with a fine of Rs.2.00 Lakhs, with default stipulation.
(2.) Brief facts relevant for disposal of the present criminal appeal are that on behalf of Union of India through Radha Raman Singh, Investigating Officer, Directorate of Revenue Intelligence, Lucknow Regional Unit, 3/71 Vivek Khand, Gomti Nagar, Lucknow had filed a written complaint before the Court of Sessions Judge, Lucknow under Section 8C/20(b) (ii) (C)/29/25 of of NDPS Act, 1985 with the assertion that complainant was an intelligence officer in the Directorate of Revenue Intelligence, posted at Regional Unit, Lucknow and was competent to file this complaint. On the basis of a specific intelligence that Hashish (Charas) is being transported from Nepal by Truck bearing Registration No.UP78/AT 3680 the Deputy Director, Directorate of Revenue Intelligence, Lucknow had sent a team with the direction to intercept the said truck, contraband goods and accused persons. As per the intelligence, it was informed that the said Charas was kept in secret cavity in the back of the driver's cabin of the truck. On getting this information two public witnesses Shri Amrajeet and Shri Rakesh Sharma were called by the DRI officials at Capt. Manoj Pandey Chauraha near Gomti Nagar Police Station, Lucknow at 4.45 A.M. on 28.05.2006. They were told about the information and were requested to accompany the team to witness the proposed action of interception, search of the truck and recovery of the contraband to which both witnesses had agreed and they accompanied the raiding team. The raiding party along with the public witnesses proceeded towards Gosainganj, Lucknow and waited for the said truck near Gosainganj Tiraha, Kanpur bypass at Gosainganj. At about 6.00 A.M. on 28.05.2006 the said truck No. UP87-AT 3680 was seen coming from Haidergarh. It was signalled to stop by the officers.
(3.) When the said truck stopped the DRI officials introduced themselves to the driver and cleaner and told the purpose of interception of the said truck. It was disclosed to them that search would be done as per requirement of NDPS Act, 1985. On the spot the driver who was driving the truck disclosed his name and address as opposite party no.1 Rajesh Kumar Mishra, S/o late Shri Arjun Mishra, R/o Village Ganeshpur, P.O.- Dhhakhwa Bazar, Police Station Sikriganj, District Gorakhpur and the cleaner as Shri Raju Dube, S/o Shri Rajesh Dube, R/o Village Rooppur, Post office, Police Station and District Kannauj (truck Khalasi).;