LAWS(ALL)-2004-5-87

RAM KUMAR Vs. STATE OF U P

Decided On May 28, 2004
RAM KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Accused Ram Kumar son of Lakhan a resident of village Agandi P.S. Dataganj, District Budaun has filed this appeal against the judgment and order- dated 14-3-2000 passed by Sri Hakim All Khan, the then Additional Sessions Judge, Budaun whereby he was convicted under Section 18 of the Narcotic Drugs and Psy- chotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one Lac and in default, he was ordered to undergo additional imprisonment for a term of one year.

(2.) In brief, the prosecution case is as under. A complaint was filed in the Court of Additional Sessions Judge, Budaun by Gauri Shanker, Inspector/Investigating Officer, Central Narcotic Bureau, Bareilly on 8-8-1997. It was urged in the complaint that a secret information was received that accused had concealed opium in his house which could be recovered. After recording this intimation, an authorization under Sec. 41 (2) of the Act was issued by the District Opium Officer, Bareilly and Inspector Sumer Singh was authorised to take personal search and search of the house of the accused. A Preventive Squad was constituted headed by Inspector Sumer Singh.

(3.) On 12-5-1997 at 7 a.m. Sumer Singh accompanied by P. K. Shah, K. C. Bothara, S. R. Pawar and four constables including a female constable reached village Agandi in two vehicles. They picked up two public witnesses. Angan Lal and Devendra Pal from the same village and surrounded the house of the accused. Ram Kumar was called out. He was found present and Preventive Squad disclosed the purpose of its visit and after showing search warrant obtained his consent and signature. Accused Ram Kumar and Public witnessed signed authorization. Accused was given an option to be searched in the presence of a Magistrate or Gazetted Officer but he did not exercise his option. After obtaining his consent, Sumer Singh, S. R. Pawar, Jeewan Lal, Sipatar Lal and both the public witnesses gave their search to the accused and entered into his house for search. At the pointing out of Ram Kumar, a plastic container was found in the Almirah, which was opened out and two kilograms of opium was recovered. Two samples, each of 24 grams were taken out on the spot and kept in plastic containers and sealed. The remaining opium was placed in same plastic container and was sealed. All the three bundles were signed by the departmental officials, accused and public witnesses. After disclosing the grounds of arrest, accused Ram Kumar was formally arrested.