SALEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned A.G.A.

(2.) The appellant upon being convicted for the offence under Sec. 8/20 of N.D.P.S. Act by the judgment dated 4.9.2010 passed by Additional Sessions Judge/F.T.C. No. 6, Bareilly in Sessions Trial No. 3 of 2010, State v/s. Saleem and sentenced to undergo rigorous imprisonment of 15 years and fine of Rs. 1,50,000/ - and in default of payment of fine further rigorous imprisonment of one year is seeking enlargement on bail during the pendency of appeal.

(3.) The prosecution case in short is that on 9.4.2008 while the police party comprising of S.O.G. In -Charge Range Sri Prakash Chandra, S.I. Sri Sanjay Kumar Singh, Head Constables Rashid Ali and Jagat Pal Singh, Constables Room Singh, Mehndi Hasan, Dinesh Singh and Zahir Khan driver of the Tata Sumo vehicle in which they were travelling in search of a wanted criminal and In -Charge Ruhelkhand out post Sri Ajay Shrotiya and Constable Natthu Singh whom the police party met on Dori crossing Pilibhit road noticed a man who upon seeing the police personnels tried to run away which aroused suspicion of the members of the police party chased him and caught him at about 5.45 p.m. near the Signboard of Sunrise Enclave. Upon interrogation, he disclosed that his name was Saleem S/o Ismail R/o Dhoura Tanda, P.S. Bhojipura. He further disclosed that he was carrying 3 kg Charas in his bag. He thereafter, took out a Chasras like substance from his bag which was wrapped in a cream colour tape weight whereof was approximately 3 kg. The prosecution case further is that the appellant was given an option of being searched before a Gazetted Officer or a Magistrate which he declined and informed the police party that apart from the Charas which he was carrying in his bag he did not possess any other narcotic substance. A sample of 15 gms was drawn from the substance allegedly recovered from the appellant kept in an empty match box which was wrapped in a piece of cloth and sealed. Remaining substance was kept in a separate piece of cloth, stitched and sealed. Recovery memo was prepared on the spot. Specimen seal was also prepared on the spot. Although large number of people had gathered at the place of occurrence but no one agreed to witness the arrest and recovery.