MEENA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Ram Pratap Singh, learned counsel for the appellant in CRIMINAL APPEAL No. - 546 of 2009 as Amicus Curie; Shri Vimal Shukla, learned counsel for the appellant in CRIMINAL APPEAL No. - 2911 of 2009 as Amicus Curie ; Shri Anurag Singh Chauha, learned counsel for the appellant in CRIMINAL APPEAL No. - 2907 of 2009 as Amicus Curie; and Shri Sunil Kumar Singh, learned counsel for the appellant in CRIMINAL APPEAL Nos. - 601 of 2009, 2909 of 2009 and 2910 of 2010, and the learned AGA for the State respondent.

(2.) ALL the above criminal appeals have been filed against the order dated 25.2.2009 passed by the Additional Sessions Judge, Court No.3, District Hardoi in ST No.60 of 2003 by which Smt. Meena, Mahaveer, Josukh, Jagdish, Jeesukhey and Raghunath have been convicted under Sections 20 (11) (c), 15 (b) and 18 (a) of the NDPS Act, and each have been directed to undergo ten years RI, and further were directed to pay fine of Rs.One Lac each. In default of payment of fine, they have to undergo two years additional imprisonment; under Section 20 (11) (c) they have further been directed to undergo three years RI, under Section 15 (b) of the NDPS Act and also have been directed to pay fine of Rs.Two Lacs each. In default of payment of fine, they have been directed to undergo two months additional imprisonment. They have further been directed to undergo six months RI under Section 18 (a) of the NDPS Act.

(3.) AS per prosecution version, the police party received information in the intervening night of 28/29.12.2002 by the informer that Smt. Meena is selling Ganja, Powder of Bodo and Khapti. On this information, the Station Officer Kotwali City, entered this information and proceeded to the spot. The reached police out post Sadar. In the meantime, Shakil Ahmad Khan, Circle Officer, and Girish Chandra Srivastava, Tehsildar, Tehsil Sadar also reached there. They all proceeded to the house of Smt. Meena. They do not obtain warrant because there was apprehension that the accused person might flee. They all surrounded the house of Smt. Meena, which was pointed by the informer. When police party peeped into her house, they found one woman is making pouch, and three full bags were also there, and one person was tying them by sutli, and one person was making pouch of substance, which appeared to be Ganja. They also found that some powder like substance was kept in a bag, and one person was taking out the substance and after weighint it was keeping it in a polythene, and another person was cealing the packet of Ganja. When the police party was sure that they are doing with the business of narcotics drugs, they knocked the door and warned them. When the door was opened by the woman, they all entered into, and apprehended everybody. The Tehsildar, Sadar and Circle Officer, Police searched them. The woman, who was preparing puriya there, was found preparing puriya of ganja, and the bag was full of ganja. That woman was identified as Smt. Meena. Person, who was tying bags, was identified as Josukh. Person, who was putting ganja in puriya, was identified as Raghunath, and person, who was taking out powder from the bags and putting it into the polythene, was identified as Jagdish. Person, who was weighing the powder of opium bodo, was identified as Purshottam, and the person, who was sealing the ganja by tape, was identified as Mahavir. Police party took the samples from each and every bags, and sealed the sample. Some earthen pots were also found in which opium churi khapti was found on the bottom, which was due to boiling the opium. The weight of opium in those pots was 40 kgs. Three bags, which were found from the possession of Smt. Meena, were weighed, and each of them was about 15 kgs. The opium bodo powder was also weighed, and was found to be 20 kgs. Fard baramadgi was prepared on the spot. The recovered substance was taken into the possession, and the accused persons were arresed. They tried to obtain public witnesses, but no one was available, and was ready to be witnessed. On the basis of fard baramadgi, FIR was lodged. The Investigating Officer investigated into the offence. Sample of recovered substance was sent to Vigyan Prayogshala, and after investigation charge sheet under Sections 8/18/20/21 read with Section 29 of the N.D.P.S. Act was submitted in the Court. The court took cognizance. The accused persons pleaded not guilty and claimed to be tried.