LAWS(ALL)-2003-12-39

SUNIL KUMAR Vs. STATE

Decided On December 19, 2003
SUNIL KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) G. K. Gupta, J. This appeal has been preferred by Sunil Kumar and Iddu Shah against the judgment and order dated 13- 8-1993, passed by the Sessions Judge, Bijnor in S. T. No. 27 of 1992 whereby both the appellants have been convicted and sentenced for a period of ten years and a fine of Rupee One Lakh (Rs. 1,00,000) each under Section 15 N. D. P. S. Act.

(2.) THE facts giving rise to the prosecution case, in brief, are that on 6-8-1992 Om Prakash Sharma (P. W. 1) alongwith S. I. Veer Pal Singh (P. W. 2), Head Constable Jagdish Prasad, Netra Pal Sharma and three Constables were on patrol duty in the city at about 9. 05 p. m. When they reached Bus-Stand Chandpur via exhibition ground, S. I. Vachan Singh was also picked up. THEn they all proceeded and reached on the Bashta Road near Dr. Ambedkar statue where police personnel and picket party consisting of Shashi Pal Singh, H. C. Gajendra Singh and 1- 1/2 dozen P. A. C. personnel were available who were also picked up. THE entire force consisting of police personnels and P. A. C. proceeded and reached Mohalla Chandan Shah where it was informed through a Mukhbir that in front of the shop of Mehndi Hasan S/o Sabir Hasan in Mohalla Chandan Shah, two persons are sitting with 18 bags of poppy straw and they are all waiting some Metador for transportation to some other place for sale. On this information Government Gypsy was parked on the crossing (Chauraha) near the house of Ram Autar Bansal and they proceeded to the spot on foot alongwith the informant. No public witness, despite efforts, was available. THEy all reached at the place of occurrence and accused-appellants, who were sitting on bags, were apprehended on the spot at about 2 a. m. in the intervening night 6th and 7th August, 1992. On enquiry the accused persons disclosed their names and address. On the search of accused Sunil Kumar Rs. 900 were found from his possession while from the possession of Iddu Shah Rs. 120 was found. THE accused at the time of arrest were sitting on the bags full of poppy straw. All these bags were also taken into custody. Eighteen samples one from each bag were taken and each sample was sealed separately. THE bags were also stitched and sealed. THE recovery memo Ext. Ka-1 was prepared on the spot. THE accused-appellants and recovered contrabands were brought to the police station Chandpur where chick F. I. R. Ext. Ka-4 was prepared and necessary entries were made in the G. D. vide Ext. Ka-5. THE investigation of the case was taken up by P. W. 3 S. I. Hoshiyar Singh Yadav, who visited the spot, prepared site plan Ext. Ka-2 and submitted charge-sheet. Samples were taken by Constable Onkar Singh for sending them to the office of Chemical Examiner, Agra, after obtaining the orders of the Court.

(3.) MANIFOLD contentions were raised by the learned counsel for the appellants to the effect that the mandatory provisions of N. D. P. S. Act have not been complied with besides there being discrepancies and material contradiction and recovery being doubtful and further there is no corroboration by independent witness, still the trial Court proceeded to record a finding of conviction which is not sustainable.