JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. The appellant is accused no.2. Along with other co-accused, he was prosecuted for the offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’). The case of the prosecution is that the Narcotics Control Bureau (for short, ‘NCB’) received secret information on 21st December 2013 that a consignment of pentazocine, a psychotropic substance, was being transported illegally from Hajipur to Lucknow by train for being sold in the market as an intoxicating item. The NCB team mounted surveillance near the parcel house of Hajipur station. When accused no.1 - Jasvinder Singh reached there, he was intercepted. According to the prosecution case, accused no.1 identified the consignment he had booked from the railway parcel house. During the search of the booked consignment, 30 cartons of pentazocine (Fortwin injections) manufactured by Ranbaxy company were found. A statement of accused no.1 was recorded under Section 67 of the NDPS Act. He admitted that he used to purchase medicines from Patna and sell them in Lucknow, Uttar Pradesh. He claimed that he bought Fortwin injections from the appellant-acc