- (1.) Heard Sri J.P.S. Jadaun, learned counsel for the appellants and Sri Sanjay Kumar Singh, learned counsel for the Union of India.
(2.) This criminal appeal has been filed by the appellants against the judgment and order dated 01.05.2004 passed by the Special Judge, N.D.P.S. Act, Varanasi in Criminal Case no. 15 of 2003, under sections 8, 20 and 23 of the N.D.P.S. Act convicting the appellants under section 20(ii)(C) of the N.D.P.S Act and sentencing them to twenty years R.I. and a fine of Rs. 2,00,000/- (Rs. two lacs only) each and in default of payment of fine five years further R.I. Both the sentences were directed to run separately.
(3.) The brief facts of the case as narrated by the complainant-Abhijeet Chaterjee, Intelligence Officer, Varanasi in the complaint filed by him against the appellants before the Special Judge, N.D.P.S. Act, Varanasi which was registered as Criminal Case no. 15 of 2003 (Union of India vs. Suresh Kumar Singh and another) are that 560 kg. Charas packed in twenty seven packets was recovered by the officers of Revenue Department, Varansi and Lucknow on 08.10.2002 at about 5:00 p.m. in the presence of two independent witnesses Amit Kumar Singh and Avanish Kumar Singh. From the search of the hidden cavity of truck no. UP 77/9518, which was intercepted near Ashapur crossing on Varanasi-Kanpur road and checked by them on prior information that huge quantity of contraband was being transported by the said truck which was being driven by the appellant no. 1, Suresh Kumar Singh and in which the appellant no. 2, Chandar Sharma was sitting as a cleaner, huge quantity of illicit charas was recovered. Two samples of 24 gm. each were extracted from the recovered contraband by the searching officer who after testing the samples with the testing kit and upon being satisfied that the sample was charas, kept the two samples in different envelopes. The same were sealed and signed on the spot by the officers of the Directorate, witnesses and the appellants. Recovery memo was prepared signed by the officers of the Directorate, witnesses and the appellants. Copies of the same were given to the appellants. Both the appellants in their statements under section 67 of the N.D.P.S. Act which were recorded in writing in the presence of Senior Enforcement Officer of Enforcement Department confessed that they were transporting the consignment of 560 kg. charas in truck no. UP 77/9518. They stated that the owner of the siezed charas was one Ramesh Mishra resident of Kanpur and the consignment of charas was to be delivered by them to him at Kargil petrol pump on Kanpur-Agra road. The consignment of charas was loaded in the truck in question by the aforesaid Ramesh Mishra at Birganj in Nepal. Both the appellants were arrested on 09.10.2002 at 1:00 p.m. and produced before the Special Judge, N.D.P.S. Act. Varanasi on the same day and sent to jail. The written report regarding arrest of the appellants and recovery of contraband articles from them was forwarded by the recovery officer to senior Information Officer Revenue Directorate, Varanasi on 09.10.2002. The sample drawn from the seized contraband was dispatched to General Manager, State Opium and Alkaline Works, Ghazipur along with letter dated 10.10.2002. According to the report of Joint Director Opium and Alkaline Works, Ghazipur the sample was found to contain charas.;