SIRAJUL ANSARI Vs. STATE

JUDGEMENT

(1.) The appellant Sirajul Ansari has appealed from Jail against the judgment and order dated 24.7.2001 for his conviction under Sec. 8/20 of Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as 'the Act'), recorded by the Special Judge Narcotic Drugs And Psychotropic Substances Act in S.T. No. 52/98 arising out of crime No. 80/98 PS GRP District Gonda, whereby, he has been sentenced to 10 years rigorous imprisonment and a fine of Rs. 1,00,000.00.

(2.) The case of the prosecution was that on 5.6.1998 at about 14:30 hours, the appellant alongwith another namely, Ahmad Ansari was caught b the GRP Police at Railway Station, Gonda near Coolie Barrack Gate and from the possession of the appellant, 500 gms. of Charas was recovered whereas from the co-accused Ahmad Ansari, 14 packets each containing 500 gms. of Charas were recovered. It is said that on the fateful day, the Station House Office of GRP, Gonda, along with his companion Head Constables and Constables, was checking the Railway Station and trains for explosive substances, when at 4:30 p.m.. Amrapali Express arrived and stopped at the Platform No. 1. The police party in the course of checking, reached the Railway Bogie No. 98482-S. They found that the appellant and his companion on seeing the police party, tried to escape from there. The co-accused had an attache in his hand while the appellant was carrying a jute bag. Their sudden movement on seeing the police party created suspicion whereupon, they were intercepted. The co-accused Ahmad Ansari's attache was opened wherein, the aforesaid Charas was found packed in a polythene. He confessed his guilt and disclosed that his companion i.e., the present appellant Sirajul Ansari, is his employee and was also carrying 500 gms. of Charas which is tied around his waist and is to be used as sample. The S.H.O. of police station GRP told the culprits that since they are carrying illicit Charas, therefore, they are to be searched in presence of a gazetted officer or Magistrate of First Class and the police is arranging for the same. On this, the appellant and the co-accused admitted their guilty and offered that the police party itself may take their search. A memo of their consent was prepared. A measuring scale was sent for and the appellant as well as the co-accused were searched. From the personal search of the appellant, 500 gms. of Charas packed in a polythene bag was found tied around his waist. A memo of arrest and seizure was prepared. The recovered article was sealed after a sample of recovered article was prepared. The seized article was sent for chemical examination and it was identified as Charas. The accused persons could not show any valid authorisation for keeping the same. An F.I.R. was lodged and police after investigation, submitted charge-sheet.

(3.) Two separate cases were registered, one each against the appellant and the co-accused. The co-accused after being released on bail, absconded. Against the appellant, the prosecution examined in the Trial Court P.W. 1 S.P. Verma S.H.O. GRP, Gonda who was leading the police party and who had recovered the illicit Charas as mentioned above. He supported the prosecution story. He has also stated that attempt was made to join public witness in the search and seizure but no one came forward to stand as witness. The statement of P.W. I was corroborated by the statement of P.W. 2 Amar Nath Mishra. Sub-Inspector who on the relevant date, was accompanying the S.H.O. and other police personnel. He also supported the prosecution story. Both these witnesses have stated that the two accused persons were told that they will be searched before a gazetted officer or Magistrate but both of them pleaded guilty and offered that their search may be taken by the police party itself. The other witness examined by the Trial Court are formal witnesses.