HEMRAJ PATWA Vs. STATE OF U. P.

JUDGEMENT

(1.) I have heard learned counsel for the accused - appellants and learned A.G.A for the State.

(2.) Aggrieved by the judgment and order dtd. 30/9/2022 passed by Additional Sessions Judge/F.T.C.-II/Special Judge, N.D.P.S. Act, Kaushambi, in Case No. 14 of 2012 titled as State Vs. Bhola Patel (lead case), the accused-applicant Hemraj Patwa, and Vinita Devi have preferred separate appeals bearing Criminal Appeal No. 8454 of 2022 and Criminal Appeal No. 7997 of 2022, respectively. The accused, Bhola Patel, Raju Maurya @ Anil Kumar and Manoj Kumar Maurya, have been acquitted under Sec. 8/20 NDPS Act by giving the benefit of the doubt, whereas accused-appellants Hemraj Patwa and Vinita Devi have been convicted and sentenced to ten years rigorous imprisonment along with fine of Rs.1,00,000.00 each.

(3.) As per the prosecution case, on 17/4/2012 at about 12.30 p.m. SHO Dinesh Prakash Pandey, along with other police officials, were patrolling and checking the anti-social elements. At the same time, SI Onkar Nath Pandey, Hawaldar Singh and lady constable Rukmani Devi have also joined the police party. On receipt of secret information that accused Bhola of village Pachasa P.S. Saini has hidden huge quantity of Ganja in his thatch and he could be arrested along with other suspects. Upon conducting the raid, one man and one woman were apprehended by the police, but one man ran away from the place of the incident taking advantage of darkness. On enquiry from the apprehended suspects, one disclosed his name as Hemraj Patwa and the woman disclosed her name as Vinita Devi W/o Bhola Patel. On enquiry from the suspects, it's revealed that Bhola Patel had escaped by taking advantage of darkness. Upon compliance with the statutory provisions, a huge quantity of recovery seizure was made, and a total of 152 Kg Ganja was recovered from the possession of accused persons. The 152 Kg Ganja have been kept in four bags, each containing 47 kg, 45 kg, 35 Kg and 25 Kg. From the possession of Hemraj Patwa, two bags of Ganja were recovered containing 47 Kg and 45 Kg each, whereas 60 Kg of Ganja was recovered from accused Vinita Devi, kept in two bags containing 35 Kg and 25 Kg each.