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2020 Supreme(All) 797

GAUTAM CHOWDHARY
Phool Chand Ali – Appellant
Versus
Union of India (Narcotics Control Bureau, Lucknow) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rajesh Pratap Singh, Om Prakash Singh.
For the Respondent: Ashish Pandey.

JUDGMENT :

GAUTAM CHOWDHARY, J.

1. Heard Sri. Om Prakash Singh, learned Senior Counsel for the applicant and Sri. S.R. Singh, learned counsel holding brief of Shri Ashish Pandey, learned counsel for opposite party.

2. The allegation against the applicant in the complaint filed by opposite party is that on 25.08.2019 Circle Officer, STF, Lucknow informed the Intelligence Officer that two persons namely Shalam Ali and Phool Chand Ali were carrying 150 kg Ganja in one Bolero Camper No. AS16B8229 coming from Assam through Gorakhpur to Mau. This information was conveyed to N.C.B. Lucknow who after constituting a team arrested the said applicants on 25.08.2019 from Mau. Applicant disclosed his identity as Phool Chand Ali and Shalam Ali. Ganja was found concealed in the secret cavity between middle seat and back seat of the car. After opening of cavity made in the car 14 packets wrapped with white polythene and 5 packets from middle of the seat was found. After weighing all the material total quantity was found to be 149 kg. Thereafter small quantity of ganja was drawn from each packet by way of scratching and after mixing them well, two representative samples, each weighing about 24 gms, we

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