IDU ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgement and order dated 16.1.2007 passed by Addl. Sessions Judge/Special Judge, E.C. Act, Basti in Special Trial No. 47 of 2000 (State Vs Idu Ansari) arising out of Case Crime No. 358 of 2000, under Sections 20-B/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act), P.S. Parsarampur, District Basti, whereby the appellant has been convicted under Sections 8/22 (c) of the NDPS Act and sentenced to undergo rigorous imprisonment for ten years and a find of Rs. One lac with default stipulation.

(2.) Station House Officer, Police Station Parsarampur, S.I. Harishchandra along with his companions S.I. Ram Suresh Rao, Constable Laxman Pandey, Constable Virendra Pratap Sahi, Constable Mahendra Yadav, Constable Chotey Lal and others reached Ghaghoa check post on 15.11.2000 in the morning at about 5.30 a.m. and took the constable Majeed Khan and Mangru Ram from the check post along with them towards National Highway Ayodhya. They suddenly saw a person emerging from Ridhora on to National Highway towards Ayodhya. He was carrying a plastic pouch. He was asked to stop but he suddenly turned and started running towards Ayodhya. This suspicious conduct impelled the police personnel to run towards him. He was caught about 6.00 a.m. He allegedly admitted that he was carrying 4 kilograms of 'Charas' in plastic pouch (bag). The Station House Officer asked this person namely Idu Ansari, the present appellant whether he would like to have himself searched by a Gazetted Officer or a Magistrate ? But the appellant asked him to conduct search on the spot. He was accordingly searched and thereafter four kilograms of 'Charas' in gullies were allegedly recovered from the plastic pouch carried by the appellant, out of which, 50 grams of sample was taken and proceedings regarding sampling of recovered material etc was conducted. Recovery memo was prepared. They also tried to obtain services of public witnesses but no other citizen came forward to act as a witness. After conducting the usual proceedings the recovered articles and the appellant were taken to the police station. Communication regarding this recovery is said to have been sent on the wireless set to the Superintendent of Police, Basti.

(3.) The matter was investigated and charge sheet was submitted. After submission of the charge sheet, report of forensic laboratory endorsing that the recovered material was infact 'Charas', was also received.