AZADAR HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED Azadar Hussain has filed this appeal against the judgment and order dated 16 -1 -1998 passed by Sri S.K. Ratoori, the then 1st Additional Sessions Judge, Siddharth Nagar whereby he convicted the accused under Section 20(b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act' and sentenced him to suffer rigorous imprisonment for a period of ten years and to pay a fine of rupees one lac. In default, he was ordered to undergo additional rigorous imprisonment for a period of three years.

(2.) IN brief, the facts of the case are as under. PW 1 S.I. Anjani Kumar Upadhyay was posted as Station Officer of P.S. Dumariaganj in the month of January, 1996. On 25 -1 -1996, S.I. A.K. Upadhyay accompanied by two constables Imtiaz Ansari and Anang Bhushan Mishra were checking the vehicles and criminals at Bedaulagarh Crossing. A Mukhbir informed S.I. A.K. Upadhyay that a suspected criminal, having a plastic bag in his hand, was coming towards crossing. At about 10.00 p.m. at the pointing out of Mukhbir, S.I.A.K Upadhyay and the constables intercepted a person who disclosed his name as Azadar Hussain, son of Syad Evney Hussain, resident of Meerapatti, P.S. Khutahan (Jaunpur).

(3.) A seizure memo was prepared on the spot, which was read over and signatures of constables and accused were obtained thereon. A copy of Fard recovery was given to the accused.