BALBIRI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Crl. Appeal No. 269 of 1994 was filed by Smt. Balbiri and the other appeal No. 270 of 1994 was filed by Smt. Nirmala. Both these appeals arise from the same F.I.R. and the arrest effected on 18-6-1988 at 6.30 p.m. from one and the same place. They are decided by a common judgment to avoid any repetition of facts.

(2.) Smt. Balbiri has preferred appeal against her conviction under Section 20 of N.D.P.S. Act and was sentenced to 10 years R.I. and a fine of Rs. 1,00,000.00. In default of payment of fine she is to undergo R.I. for a period of 5 years.

(3.) The brief story of the case is that on 18-6-1988, S.I. Udal Singh along with S.I. O.P. Sharma and large contingent of other police constables in a P.A.C. truck was on Gast duty. When he reached in the premises of Shalimar Garden he received an information from Mukhbir (informer) that some men and women having formed a gang have come from Delhi and are selling smack at Bhopura Road. Believing the information to be true, he came to the police out post Shalimar Garden and collected H.C. Mahabir Singh, Constable Saheb Singh and Constable Harvir Singh from there and proceeded towards Bhopura road. From the road also he picked up S.I. H.S. Cheema. Constable Harpal Singh, Constable Samar Pal, Constable Ram Kishan, Constable Jaane Alam, who were already on Gast duty there. He also tried to take some public witnesses but none of them agreed to go with them. They gave their mutual search to each other. No narcotic drugs and psychotropic substances were found with any one of them. Thereafter he along with police force proceeded to Bhopura road and reached at the hotel of Dharma. He found near the country liquor Theka on the road some men and women sitting and some standing. They were selling smack. The informer pointed toward them and told that they are selling smack after bringing it from Delhi. The informer thereafter went away. The police truck stopped near these persons who were selling smack. They got down from the vehicle and arrested them after using some force at about 6.30 pm. On the search of 8 arrested persons namely Sukhi wife of Balbir, Balbiri wife of late Hajari, Nirmala wife of Kuldeep alias Kalli, Saroj wife of Deep Chand alias Phate, Gajanand son of Bans Gopal, Dinesh son of Gajanand, Ramesh son of Gajanand and Ramu son of Gurudutt. All these persons belong to Sansi. From Sukhi, from her right hand pocket of Kurta, 100 gms. of smack contained in a plastic packet and from her right hand 13 packs of smack and Rs. 20.00 were recovered. From Balbiri, from her pocket of the Kurta, 15 packs of smack and Rs. 110.00 were recovered, From Nirmala, from right pocket of her Kurta 10 packs of smack and Rs. 50.00 were recovered. From Saroj, from her right pocket of Kurta, 8 packs of smack and Rs. 2.90.00 were recovered. From Gajanan, from his right hand pocket of Pant 12 packs of smack and some cash was recovered. A wrist watch from his right hand was also recovered. From Dinesh, from left packet of Pant 7 packets of smack and Rs. 2.00 were recovered. From Ramesh, from his left pocket of Pant, 8 packs and Rs. 3.00 were recovered. From Ramu 9 smack packs and Rs. 20.00 were recovered. This in the nutshell is the entire recovery from the arrested persons.