HONBLE RAJEEV SINGH,J. - (1.) The present bail application has been filed by the applicant in F.I.R. No. 1 of 2018, under Sections 8/20/23/25/27/28/29 of Narcotic Drugs and Psychotropic Substances Act, Police Station D.R.I., District Lucknow, with the prayer to enlarge him on bail.
(2.) As per prosecution case, on 10th January, 2018, at 10:30 a.m., an information was received to Sunil Kumar Mathur, Intelligence Officer, D.R.I., Lucknow that one Truck bearing No. HR 38 P 0938, loaded with cannabis (ganja), coming from Orissa, is going to Orai via Jhansi. On this information, a team of officials of D.R.I. moved towards Orai at 12:30 p.m. Near Hussariya Chauraha, Lucknow, the team interacted with two persons, namely, Pavnesh Kumar and Sanjay Kumar and requested them for witnessing the incident, on which, they conceded and sat in the vehicle of the team. The team of D.R.I. reached Orai at 6:15 p.m. and as per the strategy, they reached at Ait Toll Plaza and started keeping vigil on the vehicles. At 8:40 p.m., one containerised truck having Registration No. HR 38 P 0938, was seen coming from Jhansi, which was intercepted by the team and the driver of the truck was directed to stop the vehicle. On being interrogated, the person, who was on the driving seat, told his name as Shahid s/o Anwar r/o Naiyovali Milak, Tehsil Bilari, P.S. Mainather, District Moradabad. Another person, who was sitting on the adjoining seat of the truck, introduced himself as Deepak Rana s/o Amber Lal Rana r/o village Savangi, Tehsil Varsivanee, District Balaghat, M.P. Though both the persons, initially, denied about any contraband, but later on, they accepted that cannabis is loaded in the truck for being transported to Orai from Jaipur, Orissa. The D.R.I. team informed them about the provisions of Section 50 of the NDPS Act, on which they requested that due to life threat from the owner of the contraband, the search may be conducted at some safe place. Considering their request, the vehicle along with both the accused, was brought to the regional office at Lucknow on 11th January, 2018 at 10:00 a.m., where the search was conducted.
(3.) Thereafter, recovery memo was prepared by the officials, according to which, Rs.730/- in cash along with the Samsung mobile and driving licence was recovered from the possession of truck driver-Shahid. From the possession of Deepak Rana, his voter ID, one SBI debit card bearing no. 6070940442437280 in the name of Rukmani Singh, two PNB debit cards bearing nos. 6070930014633671 and 6070930014633945, payment receipt of Rs.8,000/- dated 18th October, 2017 in the account of Sakun Bai Rana (Account No. 614400NC00000528), one mobile and Rs.666/- cash were recovered. During the course of search of the vehicle, the documents recovered were the registration certificate, fitness certificate, permit of goods and insurance of the vehicle along with check report of vehicle of Government of Andhra, Authorisation certificate of National Permit, Pollution Control Certificate, Pan Card of Harswaroop (owner of the vehicle), receipt of deposit dated 28.03.2016 of Rs.20,500/- in the account of Harswaroop in Federal Bank, Moradabad Branch, carbon copy of Bill No. 0092, G.R.No. 815 dated 18th November, 2017 of Road Lines Pvt. Ltd., Om Vihar, Delhi as well as slips of the vehicle in question of Toll Plazas upto Ait Toll Plaza dated 10.01.2018 at 20:41:24 p.m. In the vehicle, 210 crates were also found and behind the said crates, 18 plastic bags were found, in all of which, cannabis was filled. The net weight of recovered contraband was found to be 237.340 kg. Thereafter, sample was taken in the presence of the witnesses, officials of the D.R.I. as well as the accused persons, namely, Shahid and Deepak Rana.;