UNION OF INDIA Vs. KALLOO ALIAS SALA-UDDIN

JUDGEMENT

(1.) THE appeal in hand has been preferred assailing the judgment and order dated 5.3.1999 rendered by 7th Addl Sessions Judge Lucknow in Sessions trial/Complaint case No 04 of of 1996, Union of India v Arif @ Munna and others whereby respondent has been acquitted under section 8/21 of the NDPS Act.

(2.) FILTERING out unnecessary details, the prosecution case is that on 28.9.1995, Inspector P.K. Shah received a tip -off at about 6.30 pm that accused Arif @ Munna resident of Mohalla Peer Batawan Kotwali Barabanki was to leave by Punjab Mail for Howrah carrying with him contraband. Acting on the information, he left for Railway Station alongwith Inspector M.L. Mina and with hosts of police personnel and lay in wait. It is alleged that they saw the accused entering the main gate after purchasing the ticket at about 10.45 pm. When he was buttonholed and asked about his identity. He gave his name as Arif Khan @ Munna. In the bid to search his bag, he was asked that his bag was to be search and in this connection, he was given the option whether he would like to be searched by a gazetted officer or a Magistrate, he did not demur to be searched by him (Inspector). His bag was searched which yielded polythene bag in which was found brown colour substance. On being asked, what the substance was, he revealed that the substance was heroine. The substance was also tested by testing kit which lent affirmation that the substance was heroine. The substance was then weighed and it was found to be weighing one Kg. Thereafter it is alleged, two separate samples were prepared of the substance each weighing five grams and they were duly sealed and recovery memo was prepared after obtaining signatures of the party. A copy of the recovery memo was also handed over to accused Arif alias Munna. On being interrogated, he confessed that he had taken supply of heroine from one Kallu alias Salahuddin. After completing investigation, the charge sheet was submitted in Court accordingly.

(3.) THE Sessions Judge considering the entire evidence on record acquitted the respondent of the charges under section 8/21 of NDPS Act and convicted co accused Arif. The state has challenged the acquittal of respondent in this appeal.