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2012 Supreme(Pat) 455

MANDHATA SINGH
Vinay Kumar Thakur – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Rajendra Kishore Prasad. Suresh Chandra Prasad. Ratan Kumar Sinha. Madhukar Pandey and Arun Kumar Tripathi. for the appellants.
Binay Kr. Pandey. CGC. for the respondent.

JUDGMENT

Mandhata Singh. - Prosecution story, in short, is that after receiving of specific information about carrying of ganja on a Truck, a team of D.R.I. officials intercepted the Truck bearing No. WB-25B-2354 at NH28. P.S. Motipur, District Muzaffarpur on 7.10.2004.

2. Appellant of Criminal Appeal No. 277 of 2011 was driver of the Truck while that of 267 of 20 11 was cleaner (Khalasi) of the same. Truck was searched in presence of accused appellants, independent witnesses and members of the team (raiding party). 93 packets of ganja in Polythene contained in 37 plastic bag were recovered from the Truck. weight of recovered ganja was 605 kgs. ganja as well as Truck both were seized. Further it is said that both accused appellants made confession in presence of independent witnesses about their carrying ganja for taking its charge of Rs. 5.000/- on instigation of one Md. Raja of Raxaul. Said ganja was loaded on their Truck near Flour Mill at Laxmipur, Raxaul by Md. Saidullah and Md. Raja and same was to be delivered to one Dinesh Rai of Jethuli, Patna. Further it is said that after obtaining sample of ganja same was sent for chemical analysis to Government Laboratory at Gazipur, U.










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