JANARDAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The challenge in this appeal is to the judgement and order dtd. 7/12/2018 of the 3rd Additional Sessions Judge, Mau passed in S.T. No. 02 of 2017 (State of U.P. Vs. Janardan Rajbhar) Case Crime No. 1050 of 2016, under Sec. 8/21/22 N.D.P.S. Act, 1985, Police Station G.R.P., District Mau. By the impugned order the lower court convicted the appellant- Janardan Rajbhar under Sec. 21 (c) of N.D.P.S Act, 1985 and sentenced him to undergo ten years rigorous imprisonment and fine of Rs.1,00,000.00 and in default the accused had to undergo further two years imprisonment.

(2.) The facts germane to this appeal are that on 12/11/2016 S.I. Laxman Mishra of police station G.R.P., Mau along with Constable Ram Surat and Constable Karn Veer Singh was busy in patrolling duty in checking the suspicious persons/articles at Railway platform. When he reached in northern side of platform no. 4 in front of waiting room situated between platform nos. 3 and 4, the informer informed him that a vicious thief is sitting in the passenger shed on cemented bench and is about to commit some offence. On this information, they proceeded towards the pointed place and tried to get some independent witness but no person agreed to become a witness so in helplessness they themselves proceeded and found a person sitting on the place pointed out by the informer. Pointing out the thief the informer went back. When they proceeded further the person sitting on the bench after spotting the police personnel, got up from the bench and started walking fast towards the southern side of the platform. He was asked to stop but he did not stop then the police personnel after using requisite force overpowered him and caught him infront of water point at platform no. 4. On interrogation, he revealed himself as Janardan Rajbhar s/o Kallu Rajbhar resident of Sahadatpura, Machchli Mandi, police station Kotwali, District Mau. The reason of running was disclosed to be his being in possession of alprazolam powder. The police apprised him of his right under N.D.P.S. Act that if he wants he can get himself checked by the Magistrate or gazetted officer. Janardan Rajbhar declined this right and consented to be searched by the police personnel only. His consent letter was prepared. All the police personnel made search of themselves and confirmed that no one has any incriminatory article. On the search of apprehended Janardan Rajbhar from the right pocket of his pant white powder wrapped in newspaper and in polythene was recovered. He revealed that by increasing conciliation with the passengers of trains and platform he use to administer them this powder by mixing the same in tea or any edible item and on being their unconscious he robs/steals their valuables and money. As this act of Janardan Rajbhar comes within the offence punishable under Sec. 8/21/22 N.D.P.S. Act, so apprising him of his offence he was arrested at 3.15 a.m. on 13/11/2016. The recovered contraband article was weighed by summoning the scale by Constable Kamlesh Singh and this article with paper and polythene wrapped in was found to be 130 gm. The same was sealed along with newspaper and polythese in a white cloth. Specimen seal was prepared. During this proceeding, some passengers gathered there but on request they did not consent to become the witness of recovery. The recovery memo was prepared on the spot in the light of torch and tube light as per procedure. The family members of the accused will be informed. Sec. 50 of N.D.P.S. Act was strictly followed. The instructions of Apex Court and National Human Rights Commission were also followed. A copy of memo was supplied to the accused. The police came to the police station concerned with the accused and recovered sealed article and got the case registered there. The arrested person and the recovered sealed contraband article were handed over in the police station G.R.P.

(3.) S.I. Krishna Mohan took over the investigation, recorded all the necessary evidence, perused the necessary documents, inspected the spot, prepared site plan, inquired about the report of forensic science laboratory and after receiving the same made the endorsement of the report and other documents in C.D. and on the basis of collected evidence after investigation the charge sheet against the present accused Janardan Rajbhar under Sec. 8/21/22 N.D.P.S. Act, 1985 was submitted by him.