MOHD JAVED Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mukesh Kumar, learned counsel for the appellant and learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been filed against the judgement and dated 14.02.2019 passed by Additional Sessions Judge 9th, Kanpur Nagar, in S.T. No. 1035 of 1998 (State Vs. Mohd. Javed), arising out of Case Crime no. 326 of 1996, under Section 18/20/21 of N.D.P.S. Act, P.S. Naubasta, District Kanpur Nagar, whereby learned Judge convicted and sentenced the appellant to five years rigorous imprisonment under Section 18-C of N.D.P.S., Act with a fine of Rs. 25,000/- and in default of payment of fine, further additional imprisonment for three months.

(3.) The prosecution story in brief is that on 18.04.1996 Sri Uday Pratap Singh SHO along with some other police personnel were on patrolling dutyin search of wanted criminals near Gopal Nagar bypass, suddenly two persons were seen coming together on scooter no. UMY-371 from Gopal Nagar and when they saw the police jeep they started running towards back side. On suspicion, the police party chased them and caught hold the suspected persons before gopal nagar tri crossing adjacent to ara machine of Ram Dhani Sharma. After catching the suspected persons the police enquired about running away after seeing the police personnel then the suspected persons admitted that they were having smack and poppy straw. When the police asked them whether they are interested to search by a Gazetted Officer then the accused persons told that now we are in your custody so you may search out. When the police personnel asked the people and shop keepers for witnessing they denied to be witness of the incident. After being enquired the suspected person told their names as Ramesh Chandra Gupta @ Babloo son of Laxmi Shanker Gupta, resident of 133, Gopal Nagar, Naubasta, Kanpur Nagar and Mohd. Javed son of Mohd Sareef, R/o. 126/11, NLC Colony Thana Babupurwa, Kanpur Nagar. From the possession of Ramesh Chandra Gupta @ Babloo a white coloured polythene in which 1 1/2 Kg. poppy straw was kept and from another polythene bag 150 grams of smack was also recovered. From the possession of Mohd. Javed 1 1/2 Kg. poppy straw was recovered in two polythene bags and from his pocket about 125 grams smack was also recovered. When the police personnel enquired about the licence they fail to show the licence.