YUSUF Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 18/1/2005 / 24/1/2005 passed by learned Additional District and Sessions Judge (F.T.C. - III), Court No.12, Sultanpur, convicting the appellant in Criminal Case No.8/2004, under Sec. 8/21 of N.D.P.S. Act, Police Station Jagdishpur, District Sultanpur and sentencing him for five years rigorous imprisonment alongwith fine of Rs.6,000.00 under Sec. 8/21 of N.D.P.S. Act.

(2.) Briefly stated, the facts of the prosecution case are that on 28/1/2004, Station House Officer, S.P. Gupta, posted at Police Station Jagdishpur, District Sultanpur, was on patrolling duty in search of wanted criminal along with Sub Inspector Bhola Prasad, Head Constable Shiv Dutt Singh, Constable Ram Murti Prajapati, Constable Shyam Shanker Saroj, Constable Santosh Kumar Singh and Constable Driver Rama Shanker Tiwari and as the patrolling party reached Gulab Ganj Crossing, they saw four to five persons standing at west side of Jagdishpur Bus Depot in suspicious condition and tried to escape from there. The police party, on sensing some doubt in view of their conduct, apprehended and caught them on spot. Upon interrogation, they confessed that they were carrying morphine; they were told that they had options either to get them searched before Gazetted Police Officer or before patrolling police officer. Thereupon, they asked the police party to conduct search upon them. Thereafter, accused were searched out by patrolling police party with their consent. One accused told his name as Naeem S/o Jameel and 100 gm morphine was recovered from his trouser 's right pocket whereas Rs.1,100.00 were recovered from left pocket. Second accused told his name as Mustafa Chunnu and 100 gm morphine was recovered from his trouser 's right pocket whereas Rs.900.00 were recovered from left pocket. Third accused told his name as Yusuf S/o Munne and 100 gm morphine was recovered from his trouser 's right pocket whereas Rs.700.00 were recovered from left pocket. Fourth accused told his name as Shamshad S/o Shafiq and 100 gm morphine was recovered from his trouser 's right pocket whereas Rs.600.00 were recovered from left pocket. Thereafter, recovery memo was prepared; recovered contraband morphine was sealed; all the accused were arrested and a criminal case on the basis of recovery memo was lodged under Ss. 8/21 of N.D.P.S. Act at Police Station Jagdishpur, District Sultanpur.

(3.) Investigation was handed over to the Sub Inspector Ram Pal Singh, who recorded the statement of witnesses; inspected the place of occurrence and prepared site plan; recovered contraband morphine was sent to Forensic Science Laboratory, Lucknow, U.P., for chemical examination. After investigation charge sheet was filed against the appellant.