PAPPU @ IRFAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by Pappu alias Irfan against the judgment and order dated 30th Aug., 1997, passed by I Additional Sessions Judge, Jhansi in Special Case No. 47 of 1993 under sections 21/22 Narcotic Drugs And Psychotropic Substances Act whereby he has been convicted and sentenced for ten years' rigorous imprisonment and a fine of Rs. 1,00,000.00 (Rupee One Lakh). In brief, it is said that on 21st Sept., 1993 S.I. Bachan Singh (PW 1) along with Constables Raj Veer Sharma, Hakim Singh, Kaushal Kishore, Roop Chand and Balbir Singh were on patrol duty at the Railway Station Jhansi to check the crime. On Platform No. 6/8 near Coffee Stall an information was received through a Mukhbir that in the northern side on the said platform near latrine two persons are sitting with intoxicating pills and they will go to Delhi by some train and they will commit acts of theft after administering intoxicating pill to the passengers. The complainant then tried to pick up public witnesses but no one was available. The police personnel then took search of each other and in their possession nothing incriminating was found. Then they all proceeded towards the spot near the latrine where two persons were sitting. These two persons, after seeing the Police, tried to run away but they were apprehended on the spot at about 2.35 am. These two persons were told about the information that they were having intoxicating pills. They were also asked if they liked to be searched before the Gazetted Officer. Both these two persons replied in negative a-ad showed their confidence in the police personnel. They also disclosed their names and addresses as Pappu alias Irfan S/o, Rashid r/o, Mohalla Kasai Mardi Police Station Jhansi district Jhansi and anther told his name as Vijay Singh S/o Ealyan Singh r/o Mohalla Khai House No. 9 Nai Basti, Police Station Kotwali Jhansi. On their search 10 capsules of Serepax were recovered from each of them without licence. The recovered articles were taken in, custody and sealed on the spot and Recovery Fard (Ext Ka-1) was prepared. The accused along with the recovered articles were brought to the Police-Station where the case was registered and Chick F.LR- (Ext Ka-2) was prepared by Constable Ram Prasad who also made necessary entries in the G.D. vide Ext. Ka-4. Ashok Kumar Nath, S.O. took up the investigation, who prepared the site-plan (Ext Ka 5), sent the recovered articles for chemical examination, the report of Chemical Examiner is (Ext. Ka-8). After completing the investigation the charge-sheet was filed.

(2.) A charge under Sec. 21/22 Narcotic Drugs And Psychotropic Substances Act has been framed against the accused to which they pleaded not guilty and claimed to be tried.

(3.) In support of its case S.I. Bachan Singh was examined as P.W. 1, Constable Ram Prasad Pal as P.W. 2, Constable Kaushal Kishore Samadhiya as P.W. 3, Ashok Kumar Nath, the Investigating Officer as P.W. 4 and Moti Lal Maurya as P.W. 5.