MUSHEER Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Musheer has filed this appeal against the judgment and order dated 3.8.2005, passed by Shri Sharda Prasad Tiwari, H.J.S., the then Additional Sessions Judge (Court No. 4), district Barabanki in S.T. No. 104 of 2000 (Case Crime No. 150 of 2000) State v/s. Musheer relating to the Police Station Zaidpur, district Barabanki whereby the Appellant was convicted for the offence punishable under Sec. 8/21(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter referred to as Act) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rupee one lace and in default of payment of fine to further undergo imprisonment for a period of two years.

(2.) The prosecution version, as is revealing from the record, is that on 13.7.2000 at 2.55 a.m. the Station Officer of Police Station Zaidpur received a telephonic call that Musheer r/o Tikra Usman of Police Station Zaidpur had opium and morphine at his house. On the basis of the said information a raid was arranged. The Police party headed by Kunwar Gyananjai Singh tried to take public witness but none was prepared to accompany the Police. Thereafter the police party after making search of each other reached the house of Musheer. The door of the house was opened by his wife at the knocking of the Police party and seeing the Police Musheer tried to run away but was arrested at the spot. Musheer was asked as to whether he wished that the search be made in presence of a Gazetted Officer. Musheer refused and gave his consent for his search . On the search being made four kilogram me Morphine was found from the bag. Musheer and his wife were taken into custody and recovered article was sealed at the spot. A memo of search and recovery was prepared by the Police, copy of which was also handed over to Musheer. The Police party returned the Police Station with the arrested persons as well as recovered article, where on the basis of search and recovery memorandum, case crime No. 150 of 2000 for the offence punishable under Sec. 8/21 of the Act, was registered against accused at 8.45 a.m. The investigation of the case was entrusted to Sub Inspector Sri Ram Mangal Singh. This matter was also investigated upon by Sri S.K. Singh Negi after transfer of Sri Ram Mangal Singh, Sub Inspector. During the investigation of the case statements of the witnesses were recorded under the provisions of Sec. 161 of the Code of Criminal Procedure The Investigating Officer visited the place of incident and prepared site -plan. Recovered article was analyzed by Forensic Laboratory. The Police after having completed formalities submitted charge sheet against accused Musheer.

(3.) The accused was charged for having committed offence punishable under Sec. 8/21(C) of the Act by the learned trial court. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution in order to prove its case has examined five witnesses in all.