SARJU @ RAMU Vs. STATE OF U.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal by special leave arises out of a judgment and order dated 30th January 2008 passed by a learned single judge of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Criminal Appeal No. 491 of 1991 whereby and whereunder the judgment of conviction and sentence dated 4th September 1991 passed by the V Additional Sessions Judge, Barabanki in Sessions Trial Nos. 393 of 1989 and 395 of 1989 convicting the appellant for commission of an offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") and sentencing him to undergo 10 years' rigorous imprisonment as also the fine of Rs.1 lakh, and in default, to undergo one year's rigorous imprisonment, was affirmed.

(3.) AN informer allegedly reported to the appellants as also one Shobhalal of village Baghaura and Ramdutt @ Dutta of village Bariarpur illegally selling morphine in packets to the truck drivers and the people of the area. According to the said informer, they were said to have been sitting on the road side near the mill of one Vishwanath Kashyap from 6 O'clock in the morning. Appellant along with said Shobhalal and Ramdutt were said to have been identified by the said police party to be sitting on the road side at about 6.15 a.m. They became a bit perplexed and frightened after seeing the police party. "Being assured", Shrikant Mishra, Officer-in-charge, went to Barabanki to obtain authority letter for the purpose of carrying out search and seizure. He instructed the other constables to keep an eye on them. He upon obtaining the authority letter allegedly came back from Barabanki after some time. He requested some passer-by to become witness to the seizure. They allegedly refused.