GAHC010205422022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./1031/2022 UNION OF INDIA THROUGH DIRECTOR OF REVENUE INTELLIGENCE, REPRESENTED BY SHRI DICKEN PEGU, IO, MAINAK TOWER, G.S. ROAD, GUWAHATI-5.

VERSUS TEJINDER SINGH S/O- SHRI INDERJEET SINGH, R/O- BABA FAREED NAGAR, SEHORA, P.O.

DARAP, P.S. GANGYAL, DIST. JAMMU, JAMMU AND KASHMIR-181132.

Advocate for the Petitioner : MR. S C KEYAL Advocate for the Respondent : B K SINGHA BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI JUDGEMENT AND ORDER (CAV)

Date : 02-03-2023 Heard Mr. S.C. Keyal, learned Standing Counsel for the Directorate of Revenue Intelligence. Also heard Mr. N. Sharma, learned counsel for the respondent.

2. The petitioner has filed an application under Section 482 Cr.P.C., 1973, against the order dated 13.06.2022 passed by the learned Sessions Judge, Kamrup(M), Guwahati in Misc. Case No. 67/2022, whereby the learned Sessions Judge has allowed the zimma of TATA truck bearing Regd. No. JK-02-BL-8199 to the owner of the vehicle which was seized in connection with DRI Case No.

02/CL/NDPS/GANJA/DRI/GZU/2022-23 dated 08.04.2022.

3. The brief fact of the case is that a specific intelligence was received from the Directorate of Revenue Intelligence(DRI), Lucknow on 07.04.2022 to the effect that a truck bearing Regd. No. JK-02-BL-8199 was transporting huge quantity of cannabis(ganja) hidden beneath the cover load of rubber and the said truck was proceeding from Tripura. On receipt of the information, a team of DRI officers started keeping surveillance and vigil in the said truck which was coming from Jorabat side. On the next date i.e. on 08.04.2022, the DRI officers spotted a truck bearing Regd. No. JK-02-BL-8199 coming from Jorabat side and when the truck approached, DRI officers asked the said driver of the truck to stop the vehicle on the road side near Khanapara Flyover, Guwahati. The person sitting on the driver seat of the truck introduced himself as Vikram Singh and further informed that he was coming from Agartala and going to Jalandhar, Punjab. Initially, the driver of the truck denied carrying any contraband in his truck, however, on repeated enquiry by the DRI officers about cannabis(ganja), the driver confessed that ganja was loaded in the truck between the rubber load.

4. Since the place of interception was a busy National Highway and not conducive for thorough examination of the truck load and further seizure formalities, the DRI officers decided to take the said truck to the DRI office. Thereafter, the driver Vikram Singh along with truck was taken to DRI office at Christian Basti, Guwahati. Then, the driver disclosed that the packet containing cannabis(ganja) were kept in the middle of the bedload of the truck and covered on top with packages containing rubber sheets. A total of 80 packets of cannabis(ganja) wrapped with brown adhesive tapes found in the said truck. The collective weight of the recovered ganja was found to be at 1218.250 kg. which is a commercial quantity in terms of Section 2 of the NDPS Act. The driver of the truck could not produce any valid document in respect of legal possession/transportation or carrying or recovery of 80 packets of ganja and confessed his guilt for illegal possession of cannabis(ganja).

5. Thereafter, necessary formalities were undergone and contraband including the said truck were seized as per seizure memo on the same date and after complying with all the mandatory provisions of the Act, the driver namely, Vikram Singh was arrested and produced before the CJM, Kamrup(M) on 09.04.2022 and then he was sent to judicial custody. Thereafter, the inventory of the seized goods was certified by the Judicial Magistrate First Class, Guwahati.

6. On 18.04.2022, one Ranbir Singh, the Controlling Manager of TCI Freight filed a petition before the Sessions Judge, Kamrup(M) praying for zimma of natural rubber. On 19.04.2022, a report was called for from the investigating office