PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

Re.: Interlocutory Application No. 1 of 2024 The aforesaid interlocutory application has been pressed for condoning the delay of 66 days in preferring this appeal.

2. For the reasons stated in the interlocutory application, the delay is condoned.

3. Interlocutory Application No. 01/2024 stands allowed.

Re.: Cr.Appeal(DB) No. 1471 of 2024 4. This appeal is taken up at the Admission stage itself.

5. The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 26.06.2024 passed by the learned Additional Sessions Judge-1st, Gaya in N.D.P.S. Case No.21 of 2018, arising out of N.C.B.Case No. 30 of 2018, whereby Respondent Nos. 1 and 2 have been acquitted by the learned Trial Court from the charge of Sections 20(b)(ii)(c),25,29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

6. The prosecution case, in short is that on 28.06.2018 at about 07:10 A.M., at Amas toll Plaza at Gaya, N.C.B. team has intercepted one truck bearing registration no. UP-11T-6779. Two persons were found sitting in the truck, one as the driver and another person as helper. Both of them disclosed their names as 1. Md. Sufian and 2. Istekar respectively. The N.C.B. team informed them about the secret and reliable information of having huge quantity of Ganja in their truck. They were also informed and notice issued to them u/s 50 of the N.D.P.S. Act were served on them. Apprising about their right and option of being searched by a Magistrate or Gazetted Officer. But both of them opted to be searched by the N.C.B. Team. During search of the aforesaid truck 520 kilograms of brown colour dried substance believed to be Ganja in 17 packets was recovered from the secret cavity in the Dala(Carriage) of the truck. Two samples of 25 grams each were drawn from the recovered 17 packets of Nylon sacks and were marked as S1 and S2 respectively. Test memo in triplicate were prepared on the spot. The search cum seizure list was also prepared on the spot. On the basis of recovery made, notice u/s 67 of the N.D.P.S. Act was issued against both 1. Md. Sufiyan and 2. Istekar. Their voluntary statements u/s 67 were recorded in which they confessed their involvement in the trafficking of Ganja. Based on the recovery made and their confessional statements, 1. Md. Sufian and 2. Istekar were arrested on 28.06.2018 itself at about 18:00 hrs and 16:30 hrs respectively, for committing an act in violation of Section 8 of the NDPS Act, which is punishable u/s 20(b)(ii)(c) as well as for offence u/s 25 and u/s 25 and u/s 29 of N.D.P.S.Act.

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