UNION OF INDIA Vs. TEJINDER SINGH
LAWS(GAU)-2023-3-3
HIGH COURT OF GAUHATI
Decided on March 02,2023

UNION OF INDIA Appellant
VERSUS
TEJINDER SINGH Respondents


Referred Judgements :-

RAGHBIR SINGH ALIAS BEERA VS. STATE OF PUNJAB [REFERRED TO]
RAJESH KUMAR VS. STATE OF HARYANA [REFERRED TO]
IQBAL SINGH VS. STATE OF PUNJAB [REFERRED TO]
SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [REFERRED TO]
GENERAL INSURANCE COUNCIL VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

- (1.)Heard Mr. S.C. Keyal, learned Standing Counsel for the Directorate of Revenue Intelligence. Also heard Mr. N. Sharma, learned counsel for the respondent.
(2.)The petitioner has filed an application under Sec. 482 Cr.P.C., 1973, against the order dtd. 13/6/2022 passed by the learned Sessions Judge, Kamrup(M), Guwahati in Misc. Case No. 67/2022, whereby the learned Sessions Judge has allowed the zimma of TATA truck bearing Regd. No. JK-02-BL-8199 to the owner of the vehicle which was seized in connection with DRI Case No. 02/CL/NDPS/GANJA/DRI/GZU/2022-23 dtd. 8/4/2022.
(3.)The brief fact of the case is that a specific intelligence was received from the Directorate of Revenue Intelligence(DRI), Lucknow on 7/4/2022 to the effect that a truck bearing Regd. No. JK-02-BL-8199 was transporting huge quantity of cannabis(ganja) hidden beneath the cover load of rubber and the said truck was proceeding from Tripura. On receipt of the information, a team of DRI officers started keeping surveillance and vigil in the said truck which was coming from Jorabat side. On the next date i.e. on 8/4/2022, the DRI officers spotted a truck bearing Regd. No. JK-02-BL-8199 coming from Jorabat side and when the truck approached, DRI officers asked the said driver of the truck to stop the vehicle on the road side near Khanapara Flyover, Guwahati. The person sitting on the driver seat of the truck introduced himself as Vikram Singh and further informed that he was coming from Agartala and going to Jalandhar, Punjab. Initially, the driver of the truck denied carrying any contraband in his truck, however, on repeated enquiry by the DRI officers about cannabis(ganja), the driver confessed that ganja was loaded in the truck between the rubber load.


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