ZUNED AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and conviction dated 21.10.1992 passed by the IInd Additional Sessions Judge, Barabanki in Criminal Trial No.329 of 1988, whereby the appellant has been convinced under Section 18 of Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo RI for ten years with fine of rupees one lac and in default of payment of fine, further imprisonment of one year.

(2.) THE facts giving rise to the prosecution case are that Ravindra Nath Yadav PW -3, an Inspector in District Opium Office, Faizabad filed a complaint against the accused Zuned Ahmad, son of Rajjab Ali, resident of Jagdishpur, hamlet of Sadullapur, Police Station Ram Sanehighat, District Barabanki on 16.1.1988 under Section 8/18 of Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). It was alleged in the complaint that Naresh Kumar Srivastava PW -1, the then Inspector in the Opium Department, Faizabad received a secret information that the accused Zuned Ahmad had hidden opium on his house and it could be recovered from there. Placing reliance upon the said information, Naresh Kumar Srivastava accompanied by S.I. Raja Ram Singh Yadav and a number of other officials of the Narcotics Department raided the house of the accused Zuned Ahmad at 10:00 a.m. on 27.9.1987. It was further alleged that before taking the search of the house, Naresh Kumar Srivastava had procured two independent witnesses of the village, namely, Krishna Prasad Bajpai and Rudra Lal. The accused was present at his house. He was told the purpose of coming to his house by Naresh Kumar Srivastava and was shown the search authorization warrant.

(3.) THE raiding party thereafter entered into the house of the accused alongwith the witnesses and the accused. One of the rooms of the house was found locked. Accused Zuned Ahmad opened the lock with a key, which was with him. Inside the room, a heap of gunny bags was found in one portion of the room. From in between those gunny bags, the accused took out a packet, wrapped with polythene and handed over the same to Inspector Naresh Kumar Srivastava. The packet was opened and it was found to contain opium. It was weighed on the spot and its weight was found to be 1 kilogram and 250 grams. From the recovered opium, a sample of 30 grams was drawn on the spot and the said packet was kept in a small container of tin and thereafter it was wrapped with cloth and was sealed on the spot. Rest of the opium was also sealed on the spot. A third bundle of key and lock was prepared and was sealed on the spot. Accused Zuned Ahmad was taken into custody and a memo of recovery was prepared. Copy of the memo was given to the accused. Specimen of seal was prepared on the spot. The accused and the recovered goods alongwith the sample were taken to the Magistrate. The sample was deposited in the Double Lock of the office at Faizabad and rest of the opium was deposited in the Malkhana at Barabanki. The sample was taken to the opium factory at Ghazipur by PW -2 S.I. Raja Ram Singh on 29.9.1987 and was handed over there on 1.10.1987. The report of Ghazipur Opium Factory was received, which revealed that the sample was opium, containing more than 0.2 percent morphine. After completion of the investigation by the S.I. Ravindra Nath Yadav PW -3, complaint was filed against the accused in the court of Chief Judicial Magistrate, Barabanki. The accused was committed to the court of Session for trial.