AMIR AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sushil Kumar Tiwari,learned counsel for the appellant, Shri Pankaj Srivastava, learned counsel for the informant and learned A.G.A. for the State.

(2.) This criminal appeal has been preferred by Amir Ahmad s/o Akil Ahamad against the judgement and order dated 4.7.2009 passed by Additional Sessions Judge, Court no. 13, Moradabad in S.S.T. No. 60 of 2008 convicting and sentencing him to twelve years rigorous imprisonment for committing the offence under section 18 of N.D.P.S. Act and fine of Rs. 1,20,000/-.

(3.) The prosecution case in brief is that on 15.3.2008 Senior Sub-Inspector, R.K. Trivedi, Sub-inspector, Raj Kumar Sharma, Sub-inspector, Sartaj Ali, Head Constable, Braham Pal Singh, Constable, Akhash and Constable, Suresh Chandra, formed a team. They set out in search of the wanted accused in case crime no. 116 of 2008 under Sections 147, 148, 149,307 I.P.C. and case crime no. 116-A of 2008 under Sections 147, 148, 149, 323, 506, 395 I.P.C. When they reached trisection of Moradabad-Delhi road, they saw a man coming from the station side and on seeing the policemen he turned around and started walking briskly on the left side of the road. On suspicion police party chased him and asked him to stop. He instantly started running and after leaving motorcycle, policeman ran behind him and caught him at 6.30.P.M. He informed his name as Amir Ahmad and in the bag in his hand he stated that he is having 4 Kg. of opium, which he is going to sell. The accused was informed that he would be searched before the Magistrate or Gazetted Officer. We will call him by making phone call. The accused stated that do not call them otherwise they can give him big punishment. He gave in writing that he does not wants to be searched before the Magistrate or Gazetted Officer.