AMRENDRA SINGH KURMI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State.

(2.) The prosecution produced S.I. Sarvjeet Singh as P.W.-1, Head Constable Manboh Singh Yadav as P.W.-2 and I.O. Purshottam Das as P.W.-3. Smt. Malti was examined as C.W.-1 and defense had produced Gyan Prakash as D.W.-1.

(3.) Learned counsel for the appellant submitted that in the present case, the search and recovery was made in an enclosed place by the members of the police party who had admittedly previous information that the appellant was carrying on sale of illicit ganja in their quarter in question, their failure to comply in Section 42 of the N.D.P.S. has totally vitiated the appellant's conviction and sentence awarded to him.