Ratan Kumar Vishwas vs State Of U.P. & Anr

3. Brief facts of the case as projected by prosecution 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 Srikant Bajpai, resident of 127/333, Nirala Nagar, Kanpur Nagar. This information was reduced to writing and thereafter Intelligence Officers, U.K. Singh and K.K. Mishra 2 along with S. Rallabhandi, S.K. Singh and R.K. Gupta, also 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 nearby were called and they disclosed their names as Rajendra Prasad and Ramjee Singh. After explaining the purpose for which they were requested to be present i.e. during search, 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 and Lalji Yadav. 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 contract Akhilesh Kumar Bajpai on phone number 0512-2616517. These officers gave their identity 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 3 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 along with 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. They recovered 14 plastic bags which were weighed and the gross weight was 252.500 Kgs. and the net weight was 250.400 Kgs. 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 and Virendra Kumar had visited Veerganj in Nepal few days earlier to meet Govind and to finalise the deal for Charas.

4. 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, 4 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 a.m. on 6.3.2004. A person opened the door and disclosed this name as Akhilesh Kumar Bajpai. 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, Virendra Kumar 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.

7. On 19.3.2004 the follow up action was conducted at the residential premises of Ratan Kumar Vishwas at 42, Sarojni Road, Bharthana, District Etawah. But he was found absconding and statement of his son was recorded under Section 67 of the Act and he disclosed the phone number as 05680-225182 which was installed in his house in the name of his father. The summons for appearance of Ratan Kumar Vishwas was also served on him. The copies of the guest register of the City Hotel and Babarchi Hotel, 6 Veerganj, Nepal were obtained which were attested by the First Secretary, High Commission, Nepal and it showed that Govind had stayed there on 21.2.2004. Call details of the phone of Akhilesh Kumar Bajpai installed at his house were obtained from Mahanagar Telephone Exchange. Details of the visitors registers from Manager, Mahalaxmi Lodge were also obtained and they confirmed that Govind and Shambhu Prasad had stayed in the Lodge from 29.2.2004 to 5.3.2004. Voluntary statement of Ratan Kumar Vishwas was recorded under Section 67 of the Act on 19.4.2004 and he admitted his involvement in illicit trade of Charas and that he was also aware of the consignment and that he was also aware of the consignment of the Charas transported by vehicle no.UHN 9137, which was seized by N.B.G., Varanasi on 5.3.2004 at Kanodia Auto Centre. He was also aware of the fact that Akhilesh Kumar Bajpai was bringing the consignment of Charas for sale in Rajasthan through him. Akhilesh Kumar Bajpai used to contact him on his phone no. 05680-225182 through his phone No.0512- 2616517. He also disclosed that he had given Rs. 1.5 lacs to Diwakar resident of Kidwai nagar for becoming a partner in the trade of Charas and Diwakar purchased a Truck for supply of Charas from Nepal to Indore and Rajasthan. Ratan Kumar Vishwas was arrested on 19.4.2004. 7

19. The appeal fails and is dismissed.