- (1.) Appellant Zuber who has been convicted for offences under Section 21 C read with Section 29 and 25 of N. D. P. S. Act and sentenced to undergo rigorous imprisonment of 12 years RI and 10 years RI on both counts with a fine of Rs. 1,00,000/- (One lac) on each counts and in default of payment of fine further undergo three years' rigorous imprisonment on each counts by the judgement and order dated 27.5.2007 passed by the Additional District and Sessions Judge, Court No. 14, Varanasi is seeking enlargement on bail during the pendency of the appeal.
(2.) The prayer for being enlarged on bail by the appellants of Criminal Appeal No. 4118 and 4119 of 2006, Fahim and Moinuddin as well as Hafiz Afjal, Tayyab and Akeel alias Mannualias Manne which arise out of the same judgement as Criminal appeal Nos. 4117 of 2006 is also being considered simultaneously.
(3.) Heard Sri D. S. Misra and Sri A. P. Misra, learned counsel for the appellants and Sri I. P. Singh and Sanjay Kumar Singh for the Central Bureau of Narcotics and the Union of India and perused the impugned judgement as well as the record of the Criminal Case No. 162C of 1996. Eschewing the necessary details the facts necessary for consideration of the prayer for bail are catapulted herein below : From the perusal of the record it transpires that on 29.12.1995 the truck bearing the registration number U.P. 78-B-7554 (hereinafter referred to as 'the truck' in question) was intercepted and checked by the members of the Central Bureau of Narcotics on 29.12.1995 at about 8.00 P. M. on prior information that the truck in question was transporting illicit contraband substance . Out of four persons who were travelling in the truck in question, three persons made their escape good3 in the cover of darkness. The three persons who had escaped from the truck were recognized in the torch light by the members of the Central Bureau of Narcotics as Hafiz Afzal, Taiiab and Aqueel alias Manne alias Mannu. The only person who could not escape and who was caught upon being enquired disclosed his name as Abrar Ahmad. Upon further interrogation he divulged the names of the driver of the truck and two other persons who had escaped from the Truck as Aqueel alias Manne, Hafiz Afzal and Taiiab. The appellant, Abrar Ahmad was given the option of being searched in the presence of a Gazetted officer or a Magistrate, which he declined and requested that he be searched by members of Central Bureau of Narcotics. The personal search of Abrar did not yield any recovery. For the purpose of searching the truck two independent witnesses were called upon. A thorough search of the truck in question lead to recovery of three cartons containing eleven packets and two cartons containing eleven packets each on which Krishi Vibhag Beej Prakshep Anna Vibhag, Uttar Pradesh was inscribed. A small quantity of substance was drawn from each of packets and upon being tested by the testing kit, the substance was found to be Heroin. The five cartons containing fifty three packets each weighing about one kg. were separately marked as A, B, C, D and E and the packets contained therein were marked according to the numbers of packets which they contained as A-1 to A-11, B-1 to B-11, C-1 to C-10, D-1 to D-11 and E-1 to E-10. The gross weight of the recovered Heroin upon being measured by as weighing scale was found to be 53 kg. The Heroin contained in different packets of each carton was mixed by opening the packets. Two samples of five gms. each were taken from mixture and sealed and kept in a tin box which was wrapped in a white cloth which was also sealed. Thereafter the recovery memo was prepared. The remaining contraband substance was restored back in the packets and kept in the cartons and each of the cartons was wrapped by a white paper and sealed. Signatures of accused, witnesses and the officers were obtained on all the sealed articles. The recovery memo of the recovered Heroin prepared and read out to the witnesses, accused and the officers. Thereafter they put their signatures thereon also. A copy of the recovery memo was given to, Abrar Ahmad and the Superintendent of Central Bureau of Narcotics, Madan Lal Mina prepared the specimen seal on the spot. He also prepared a separate seizure memo of the truck and other articles and Abrar Ahmad had put his signature thereon. After completion of the seizure proceedings, the statement of , Abrar Ahmad was recorded by Madan Lal Meena Superintendent, Central Bureau of Narcotics on 30.12.1995 which is on record as Ext. 4. In his statement Abrar Ahmad is alleged to have admitted the recovery of illicit Heroin from the truck and also admitted the presence of other three suspects on the spot. Abrar Ahmad was produced before the remand Magistrate, Vth Additional Chief Judicial Magistrate, Varanasi on 31.12.1995 for remand and was sent for jail. The recovered articles were handed over to the custody of Sri Gupteshwar5 Singh of Central Bureau of Narcotics, Varanasi.;