2015 (4) TMI 1215

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..... The appellant No. 2 Pawan Kumar along with appellant No. 1 have been convicted by the Additional Sessions Judge, Court No. 8, Lucknow in Criminal Case No. 128 of 2010, whereby the appellants have been convicted under Section 20(b)(II)(c) of Narcotic Drugs and Psychotropic Substances Act and have been sentenced to undergo rigorous imprisonment of 14 years. Apart from the above, a fine of Rs. 2,00,000/- each has also been imposed upon them. 3. Learned counsel for the appellant No. 2 submits that as per the prosecution case, on 7-9-2009, on the basis of information, the Leased Wagon attached to Saptkranti Express was checked at Lucknow Railway Station and 83 kgs. of Ganja and 139 kgs. of Charas were found in different sealed pac....

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....n the wagon. It was the present appellant No. 2 who being representative of the appellant No. 1 was responsible for loading of goods. It has come in the evidence that during the course of transit the wagon which was sealed and locked at Muzaffarpur, was not opened till the train reached Lucknow. There was also no loot or dacoity during the course of transit. Thus, the appellant No. 2 being solely responsible for the act done by him, is not entitled to be released on bail. 6. Further submission on behalf of the learned counsel for the Union of India is that Section 37 of the NDPS Act imposes certain restrictions for grant of bail under the offences committed under the NDPS Act. Apart from giving an opportunity to the Public Prosecuto....