SULEMAN @ SHAITAM Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 24.12.2010 passed by learned Additional Sessions Judge/F.T.C. (Ist) Court No. 10, Sultanpur in Criminal Case No. 37 of 2006 arising out of Case Crime No. 271 of 2006, Police Station Lamubhua, District Sultanpur, whereby the accused appellant was convicted for the offence under Section 8/20 of the N.D.P.S. Act, and was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs. 10,000/ - with default stipulation six months additional imprisonment.

(2.) IN brief, the case of the prosecution was that on 30.4.2006, the police party headed by S.I. Lal Chandra Prasad was busy in patrol duty and they were checking two wheelers at Shambhuganj Chauraha. At about 20:45 hours, a man holding a plastic bag in his hand crossed the said crossing. The police party raised some suspicion as he was walking fast. He was asked to stop, instead the appellant ran on the road towards Hanumanganj, and the police party, at a distance of 100 paces, apprehended the appellant. On inquiry he disclosed that the plastic bag, which he was holding in his hand, contained "Gaanja". The police party informed him that you are having "Gaanja", therefore, your search shall be taken in presence of gazetted officer or Magistrate. S.I. Lal Chandra Prasad made an effort to contact S.D.M. Lambhua and Circle Officer of Lambhua on mobile but no contact could be established. Thereafter the appellant gave his consent for search by the police party. As such, consent memo was prepared. Thereafter in the search from the plastic bag "Gaanja" was recovered, which was about four and half kg. A sample of 100 gm "Gaanja" was taken out for analysis and was sealed separtely. Thereafter recovery memo was prepared on the spot. On the basis of the recovery memo, the case was registered and after investigation, charge sheet was filed.

(3.) THE case of the defence was of total denial. It was pleaded that he has been falsely implicated. It was also defence of the appellant that he was detained in jail in some other case under Section 382 I.P.C. and he was released in the night of 29.4.2006 from jail. He was picked up by the police on the jail gate and this false case has been concocted against him.