FIROZ AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Firoz Ahmad has filed this appeal against the judgment and order dated 15th May, 1999 passed by Special Judge, Basti in Special Case No. 22 of 1997 convicting the appellant under Sec. 8/22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) and sentencing him 5 years R.I. and a fine of Rs. 5000 and in default of payment of fine six months further R.I.

(2.) Heard Sri Rama Nand Pandey, learned Counsel for the appellant and learned A.G.A. and perused the Lower Court record.

(3.) According to prosecution case, on 12th July, 1996 S.I Ali Raza (P.W.3) alongwith S.I. Harihar Yadav and Head Constable Munnilal were in search of an accused in Case Crime No. 217/96 under sections 379 and 511, Indian Penal Code While returning to police station, when they reached near polytechnic crossing they saw one person coming towards the crossing, carrying a bag in his right hand. On seeing the police party he tried to run away. On suspicion he was apprehended near the crossing at about 1.35 a.m. On being asked, he told his name Firoz Ahmad. When he was interrogated he showed the bag which he was carrying in his right hand and told the police party that 1 Kg. Ganja was in it. The Sub-Inspector informed him that his search can be made before a Gazetted Officer or a Magistrate, he refused for it and gave the Ganja to the police personnel. The police personnel asked the public witnesses to give the evidence but none agreed. After taking out about 50 gms. as sample, the recovered Ganja was sealed in a polythene bag and the sample was sealed in a cloth after keeping it in a newspaper and a fard was prepared on the spot. A report was lodged at Crime No. 218/96 under Sec. 8/20 Narcotic Drugs And Psychotropic Substances Act at, about 2.45 P.M. by P.W. 3 S.I. Ali Raza. P.W. 4 S.I. V.N. Giri after investigating the case submitted the charge-sheet against the accused-appellant. On 2nd September, 1997 charges under Sec. 8/20 of the Narcotic Drugs And Psychotropic Substances Act were framed. The accused pleaded not guilty and claimed to be tried and further stated that he was arrested from the Bazar, Bungalow No. 4, Ghazipur and he has been falsely implicated because he is an Editor of Chhatra Morcha Times.