CHANDRA SHEKHAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 12.5.2006 passed by Additional Sessions Judge (F.T.C. -I) Court No. 6, Banda in Special Case No. 36 of 2005 (State versus Chandra Shekhar Shivahare) arising out of Case Crime No. 10 of 2005 under section 22 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (in short N.D.P.S. Act) Police Station Jaspura, District Banda whereby appellant was convicted and sentenced to rigorous imprisonment of ten years and a fine of Rs. One lac with default stipulation.

(2.) THE prosecution projected a case before the trial court saying that on 26.2.2005 Sub -Inspector Sanjay Kumar Singh (PW -1), Sub Inspector R.K.Upadhayay (PW -2) were patrolling on routine police duty from village Gaderiya to town Jaspura on the instructions issued by the Superintendent of Police. Suddenly one person was seen walking on foot on Koilaha culvert carrying a black bag on his shoulder towards village Gaderiya. They hailed that person but instead of stopping on the request of the Police party, he initially hesitated and then suddenly turned back and started running back towards Jaspura. Police personnel apprehended that person and bag was taken off from his shoulder. Bag was then opened wherein another cloth bag was found in which 5 plastic pouches containing brown powder was found. Each plastic pouch was found to be of 50 grams each. Similarly, another white plastic pouch containing 10 small plastic sealed packets containing 2.5 grams brown powder each were recovered. Another white small bag containing 12 small paper packets (Pudiya) were also recovered which were also opened and on query being made, appellant herein stated to have informed the Police party that entire material was smack. Similarly, cash amount of Rs. 1,60,250 -00 was also found in the same bag. On interrogation, the appellant admitted possession of heroin and also admitted that the cash amount had been realised after selling that illicit drug.

(3.) ON this information, the police party informed the appellant that if he so desired, search could be conducted in presence of a Gazetted Officer or a Magistrate, whereupon the appellant is said to have expressed his consent to be searched by police personnel on the ground that recovery had already been made, therefore, there is no need of calling any body else.