- (1.) M. K. Mittal, J. Criminal Appeal No. 6636 of 2006 and 6570 of 2006 have been filed by Ratan Kumar Vishwas and Akhilesh Kumar Bajpai respectively against their conviction order passed under Section 27-A and 29 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as Act) where under they have been sentenced to undergo rigorous imprisonment upto fourteen years and fine of Rs. two lacs has also been imposed on them with default stipulation. Criminal Appeal No. 6775 of 2006 and 7046 of 2006 have been filed by Virendra Kumar and Jitendra Singh, respectively against their conviction order passed under Section 29 of the Act where under they have been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. one lac has been imposed on them with default stipulation. Criminal Appeal (defective) No. 16 of 2007 and Criminal Appeal (defective) No. 499 of 2007 have been filed by Shambhu Prasad and Lalji Yadav respectively against their conviction under Section 23 of the Act wherein they have been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. one lac has been imposed on them with default stipulation. All these appeals have been filed against the judgment and order dated 7-10-2006 passed by Additional Sessions Judge, F. T. C. No. 1, Kanpur Nagar in Special Sessions Trial No. 149 of 2004. Since these appeal arise out of the same judgment, the prayer for bail as made by that se appellants for release during the pendency of their appeals is being decided by a common order.
(2.) I have heard Sri J. S. Sengar learned Counsel for appellants Ratan Kumar Vishwas and Jitendra Singh and Sri N. K. Singh learned Counsel for appellant Virendra Kumar and Lalji Yadav, Sri G. C. Saxena, learned Counsel for appellant Akhilesh Kumar Bajpai and Sushsri Amna Mumtaz, learned Counsel for appellant Shambhu Prasad and Sri S. K. Singh, learned Special Public Prosecutor for N. C. B. and have perused the trial Court record. Brief facts of the case are that a secret and reliable information on 5-3-2004 was received by the complainant an officer of the N. C. B. , Varanasi that huge quantity of Charas was being brought from Nepal to Kanpur in Truck No. UHN 9137 and same was standing at Kanodia Auto Centre, Lucknow Kanpur bypass road and it belonged to Akhilesh Kumar Bajpai son of Sri Kant Bajpai resident of 127/333, Nirala Nagar, Kanpur Nagar. This information was reduced in writing and thereafter Intelligence Officers, U. K. Singh and K. K. Mishra alongwith S. Rallabhandi, S. K. Singh and R. K. Gupta, all Intelligence Officers, Ramnath, sepoy with driver Vijendra Kumar, proceeded from camp office, Gujani in departmental vehicle number U. P. 65- S-6951 and U. P. 65-V-7826 and reached near the Kanodia Auto Centre at about 9 p. m. Two persons standing near by were called and they disclosed their names as Rajendra Prasad and Ramjee Singh. After explaining the purpose they were requested to be present during search and they agreed. At 9. 05 p. m. a team reached near the above truck and three persons were found sitting inside the truck and on enquiry they disclosed their names as Bhola Prasad, Shambhu Prasad (appellant) and Lalji Yadav (appellant ). On asking Bhola Prasad disclosed that he was driver of the Truck and Lalji was cleaner and Shambhu Prasad was owner of the Truck and told that on reaching the petrol pump at Kanpur, he had to contact Akhilesh Kumar Bajpai on phone number 0512- 2616-517. These officers gave their introduction to these three persons and asked them in writing if they desired their vehicle to be searched in presence of a Gazetted Officer or a Magistrate which was their legal right. But they declined in writing and offered that the search be made by them. At this the officers of the N. C. B. searched the vehicle in accordance with law and in the presence of two witnesses and they found black colour plates wrapped in polythene kept in plastic bags in specially made secret cavity behind the cabin of the Truck. On testing with the test kit possessed by the N. C. B. Officers, the recovered black colour plates were found to be Charas. The recovered Charas was seized alongwith vehicle. However, due to darkness and unavailability of weighing facility and for security reasons, the vehicle and the arrested persons were taken to the Customs and Central Excise Office, Kanpur Nagar where they reached at about 10. 45 p. m. The recovered 14 plastic bags were weighed and the gross weight was 252. 500 Kilograms and the net weight was 250. 400 Kilograms. The two samples of 25 grams each were drawn from all the 14 bags and were marked and kept in separate sealed envelopes. All the packets of samples were signed by the accused persons and the witnesses and the officers of the N. C. B. The accused Bhola Prasad, Shambhu Prasad admitted that they had to take that Charas to Akhilesh Kumar Bajpai. They also told that accused Govind Singh of Nepal State with the help of accused Kamal had arranged for Charas and the vehicle and that accused Jitendra Kumar and Virendra Kumar had visited Veerganj in Nepal few days earlier to meet Govind and to finalise the deal for Charas. At that time, the recovery memo was also prepared which was duly signed by the accused, witnesses and the officers of the N. C. B. Thereafter the officers of the N. C. B. , independent witnesses Sri S. R. Agarwal, Superintendent, Kailash Chandra, Inspector of Customs and Central Excise and police force of Kidwai Nagar reached the house of Akhilesh Kumar Bajpai in Nirala Nagar at about 12. 30 p. m. on 6-3- 2004. A person opened the door and disclosed his name as Akhilesh Kumar Bajpai (appellant ). The officers gave their introduction and also apprised him the purpose of visit and asked him in writing if he desired his house to be searched in presence of Gazetted Officer or a Magistrate which was his right. But he declined in writing and offered search to be made by them. House was searched in accordance with law and in presence of the independent witnesses. During search of the house Jitendra Singh, (appellant), Virendra Kumar (appellant) and Govind Singh were found to be present there. These three persons were separately given in writing if they wanted to be searched before a Gazetted Officer or a Magistrate as it was their right but they declined. On search of Virendra Kumar some papers were recovered.
(3.) AKHILESH Kumar Bajpai told that this Charas was arranged by him to be sold through Ratan Kumar Vishwas (appellant) of Bharthana, District Etawah. He had given Rs. 20,000/- to Jitendra Kumar and Virendra Kumar to be given to Kamal of Veerganj, Nepal, through Govind. Recovery memo was prepared at the house of AKHILESH Kumar Bajpai and was signed by the witnesses and the officers present as well as the accused persons. The statements of the accused persons under Section 67 of the Act were recorded and they made their voluntary statement giving details about their involvement in the trade of Charas. The seized Charas was sent to C. R. C. L. , New Delhi for chemical analysis through letter dated 6-3-2004 alongwith test memo affixing specimen of the seal. The Chemical Examiner gave his report dated 25-5-2004 and confirmed that the content of the samples was Charas. A detailed report about search and seizure was submitted to the superior officer on 6-3-2004. The Charas and the truck were deposited in the office of the Customs and Central Excise, Sarvodaya Nagar, Kanpur.;