BHURA Vs. STATE OF U.P.

JUDGEMENT

(1.) Bhura S/o Swami Din has filed this criminal appeal against his conviction and sentence for ten years R.I. and a fine of its. 100,000.00 (Rupees one lakh) under Sec. 20 (b) (ii) of the Narcotic Drugs And Psychotropic Substances Act passed against him by Vth Additional Sessions Judge, Kanpur Dehat vide his judgment and order dated 26th Nov., 1994 in S.T. No. 83 of 1992.

(2.) Briefly stated, on 22nd Jan., 1992 S.O. Vinay Vajpai along with S.I. Baboo Singh, Constable Nafees Ahmad, Chandra Mani Mishra, Indal Prasad, Brij Bhan Singh proceeded for patrolling and in search of wanted criminals at about 2 a.m. in the night towards Sahabapur via Musa Nagar Fatehpur Rasoolpur passing through Kachcha road. When they reached near Bamba Culvert, three persons were seen coming from the side of Sahabapur. The police party then hide themselves by the side of Bamba Culvert. When these persons came near the culvert the police personnel flashed torch light and questioned them whereupon these persons tried to run away. It was suspected that they must be having some illegal material. These persons were then surrounded and after using of necessary force they were apprehended at about 5.30 a.m. at a distance of 50 paces from the culvert. On being asked they disclosed their names and addresses and search was taken. On search from the person of Munna S/o Chandra Shekhar one country made Tamancha 12 bore and two cartridges were recovered. From the possession of Chandra Shekhar S/o Bachchan 50 gram Charas and Rs. 2550 were recovered. From the possession of Bhura S/o Swami Din (appellant) 50 gram of Charas and one small Tarajoo were recovered. All these persons could not show any licence. The accused persons were told the reasons for their arrest. The recovered articles were sealed and labelled separately and recovery Fard (Ext. Ka-1) was prepared on the spot. It was also stated that due to sudden arrest and also because of lonely place no public witness could be fetched. The recovered articles were brought to the Police Station where a case was registered and Chick F.I.R. Ext. Ka-4 was prepared. Investigation was taken up by S.I. R.D. Azad, who recorded the statement of the witnesses, visited the spot, prepared the site-plan and sent the recovered contraband to the Chemical Examiner and thereafter filed the charge-sheet. A charge under Sec. 20 (b) (ii) of the Narcotic Drugs And Psychotropic Substances Act was framed against the accused, who pleaded not guilty and claimed to be tried.

(3.) In support of its case the prosecution examined Nafees Ahmad as P.W. 1, Vinay Vajpai as P.W. 2 and SI Sri R.D. Azad as P.W. 3.