At about 7.00 p.m. a Jeep bearing No.
According to the companyplaint, statements of the accused recorded by the Inspector and the Superintendent are voluntary statements, and admissible in evidence.
The same was challenged by an appeal before the Allahabad High Court.
Accusations which led to the trial of the accused are essentially as follows On 17.10.1994 at about 6.30 p.m. Inspector of Customs Sri B.K. Srivastava, Incharge Customs Station Khunwa, District Siddharthnagar, received an information that a person carrying Charas from Nepal shall be passing through the Customs Barrier Khunwa Check Post .
The prosecution i.e. Union of India filed the criminal case number68 of 1994.
UTD 5560 was seen companying from Nepal side and when it reached near the Barrier, the Customs Officer stopped the Jeep for its checking.
The Customs Officer duly arrested the accused on 18.10.94 and produced him before the companypetent companyrt.
They were proved by PW 1.
Mantra Prasad PW 4 is the Inspector Customs Khunwa.
of the value of Rs.10,00,000/ , was recovered.
Accused replied that the Officer may himself take his search and there was numbernecessity to take him before any Gazetted Officer.
The accused was number in companyscious possession of the companytraband companycealed in the vehicle accompanied by the fact that source of information has number been disclosed.
Sri B.K. Srivastava, Inspector, Customs Station, Mahendra Singh PW 2 , Superintendent Badhni who had companye to the scene of occurrence on the next day to supervise the recovery.
The statements are Exts.
The Officer immediately sent Sepoy Sri Saghir Ahmad to Badhni with a request that Superintendent Customs Badhni may companye immediately for the search of seized jeep which companytained charas in its cavity.
Sita Ram PW 3 Laddu is the witness of recovery.
One of the packets of the sealed sample of this charas was sent to chemical examiner for analysis and a report from the chemical examiner was received along with the envelope in which the sample was sent to him.
The Superintendent came from Badhni early in the morning at about 7.00 a.m. next day and in his presence the search of the Jeep was companyducted and charas companycealed in the cavity weighing 100 Kg.
That there is number compliance of Sections 42 and 43 of N.D.P.S. Act.
A Panchnama of the said recovery, interrogation and seizures was prepared at the spot which were signed by the accused, witnesses and the Customs Officer.
In his voluntary statements recorded the accused clearly admitted the time, place and mode of recovery of the seized charas which was cleverly companycealed in the Jeep driven by him.
Since transportation of charas was in violation of Section 8 of the N.D.P.S. Act, the Jeep companytaining the charas was also seized.
The Union of India calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that respondent number1 hereinafter referred to as the accused was number guilty of the offence punishable under Section 20 b 2 and Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the NDPS Act .
Arising Out of S.L.P. Crl.
The Officer along with witnesses on inspection of the Jeep was satisfied that the Jeep companytained a Cavity.
The Customs Officer in presence of witnesses told the accused that search of his person and the Jeep is to be taken because there is information that charas is companycealed in the cavity of the Jeep.
On companysideration of the evidence on record the Trial Court found the accused guilty and recorded companyviction as aforesaid.
Subsequently the Jeep along with the accused was brought to the Customs Office and in the presence of witnesses cursory search of the Jeep resulted in the discovery of a cavity and from smell it was clear that in this cavity charas was cleverly companycealed.
Samples were taken out, sealed in separate packets which companytained signature of the accused, witnesses and the officer and the remaining charas was duly sealed.
4126 of 2003 ARIJIT PASAYAT,J. Leave granted.
He was authorized by an order dated 10.11.1994 by his superior officer to companyduct the investigation in the case and prosecute the accused.
The report and the envelope were attached with the companyplaint and were Exts.
The Trial Court i.e. the 1st Additional Sessions Judge, Sidharthnagar had companyvicted the accused guilty for the aforesaid offences, and sentenced him to undergo imprisonment for 15 years and pay a fine of rupees one lakh with default stipulation.
Ka.2 and Ka.5 on the record.
He was also informed that if he so desired he shall be taken before a Gazetted Officer for the purpose of search.
Consequently, Sir B.K. Singh, companyplainant PW 1 summoned two independent witnesses and took position near the Barrier.
Accused who was the sole occupant of the Jeep stopped the vehicle.
In order to substantiate the allegations four witnesses were examined.
