MUNSRIF Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 25.01.2011 passed by learned Additional Sessions Judge, Court No.2,/F.T.C. Shravasti in Criminal Case No.7 of 2008, arising out of Case Crime No.72 of 2008, under Section 8/20 NDPS Act, Police Station Malhipur, District Shravasti whereby the appellant Munsrif was convicted for the said offence and he was sentenced to undergo rigorous imprisonment for a period of 15 years also with fine of Rs.1,50,000/ - with default stipulation of two years additional imprisonment.

(2.) BRIEF facts necessary for the disposal of the instant appeal are that on 15.01.2008 the Station Officer Sri S.M. Yadav, alongwith other members of the police party, was busy in patrol duty and were searching the wanted accused. When they reached at Badla Chauki then they got a secret information that two persons are coming on a red colour Suzuki motorcycle from Nepal and they are having Charas with them. In case an immediate action is taken then they can be arrested. Relying upon the said information, the police party made an effort to procure independent witnesses from the public but none agreed. Thereafter, the police party proceed towards the place and one S.I. Shivdhari Singh and Constable Narendra Kumar Pandey were also called. With them the police party went in jeep towards Malhipur. When this police party reached there on Sehariya turn then they saw that from the side of Malhipur, a motorcycle was coming. Seeing the police jeep, the persons on the motorcycle made an effort to turn the motorcycle back and tried to run away. On the indication of the informer the motorcycle was apprehended. The two persons who were sitting on the said motorcycle were having plastic bags. Bag of the pillion rider was kept on his thigh and the person who was driving the motorcycle was having his bag hanging on his shoulder. Both the persons were inquired about their names and whereabouts then the present appellant disclosed his name and the person who was driving the motorcycle disclosed his name as Vinod Soni and they also told that since they were in possession of Charas, therefore, they were trying to run away on motorcycle. Thereafter, this information was given to Circle Officer, Bhinga, and on his information the Circle Officer reached at the place of occurrence and thereafter, in his presence, the search was conducted. The plastic bag which the present appellant Munsrif was keeping on his thigh contained 10 kgs. of Charas and from the bag which was hanging on the shoulder of co -accused Vinod Soni 5 kg 500 gms. of Charas was recovered. On inquiry, they disclosed that they were going to sell Charas in Bombay. Samples from the recovered Charas were prepared and thereafter it was sealed separately. The recovery memo was prepared and copy of the recovery memo was given to each of accused. Thereafter, on the basis of this recovery memo Case Crime No.72 of 2008, under Section 8/20 NDPS Act was registered against the appellant Munsrif and Case Crime No.73 of 2008 was registered against Vinod Soni at Police Station Malhipur, District Shravasti.

(3.) THE sample was sent for chemical analysis and Forensic Science Lab (FSL) reported that the recovered contraband was Charas. During investigation, the place of occurrence was inspected and after completing the investigation charge -sheet was filed against the appellant. In the instant case only present appellant Munsrif has faced trial. It was informed that trial of the other accused is still pending.