SHIV RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) UMESHWAR Pandey, J. The appellants Shiv Ram Singh and Shiv Bilas, father and son, have challenged the judgment and order of conviction and sentence dated 18-5-1995 passed by Vth Addl. District and Sessions Judge, Kanpur Dehat.

(2.) IT is alleged that the aforesaid appellants-accused, while selling contraband Charas on 16-4-1991 near the Railway bridge of Rind River in the Circle of Police Station Gajner of District Kanpur Dehat, were apprehended by the police party headed by P. W. 2 Chandra Pal Singh, the Station Officer of the said Police Station. On the search taken 300 grams of contraband Charas was found from the possession of appellant Shiv Ram Singh, while his son Shive Bilas was found in the possession of 200 grams of such contraband Charas. IT is said that on that particular date the police party consisting of PW 2, Chandra Pal Singh, P. W. 3, S. I. Madan Lal, Constable Anoop Kumar and some other constables, had started from the Police Station in the morning at about 4. 05 hours and when they reached near the railway crossing of village Pairajor they were given information through Mukhbir, that the appellants-accused were selling contraband Charas, at the Rind Railway Bridge. Chandra Pal Singh (P. W. 2) decided to apprehend the accused persons and proceeded for the place of recovery. He, on the way, approached several villagers to stand as witnesses for the prospective recovery of contraband Charas, but none consented. He, however, arrived at the Rind Bridge at about 10. 00 a. m. with the police party and noticed that the accused persons were surrounded by certain purchasers of the contraband. Thus, getting confident of the alleged sale of contraband by the accused persons, police party pounced upon them and the accused were arrested. Thereafter Chandra Pal Singh (P. W. 2) gave option to the accused if they wanted the recovery and seizure to be done in presence of some Magistrate or Gazetted Officer to which the accused did not give positive response and declined The aforesaid recovery of contraband Charas, was done on the spot. The recovery memo (Ext. Ka-4) was prepared and the accused were brought to the Police Station along with the recovered contraband. On the basis of recovery memo prepared in the case, the First Information Report was lodged at the Police Station at 14. 00 hours on the same day and the investigation was entrusted to P. W. 4, S. I. Ram Swaroop Sharma. After completion of the investigation, charge- sheet was submitted.

(3.) AGGRIEVED with the aforesaid judgment and order of conviction and sentence against them, the appellants have come up in this appeal.