AHILYA Vs. STATE OF U.P.

JUDGEMENT

(1.) THE present criminal revision has been filed against the judgment and order dated 10.6.2015 passed by the learned Sessions Judge, Ghaziabad taking cognizance of the offence and summoning the revisionist to face the trial under Sections 8/20/22 of N.D.P.S. Act in S.S.T. No. 89 of 2015, police station Sahibabad, District Ghaziabad along with the order dated 23.6.2015 passed by Additional Sessions Judge, 13th, Ghaziabad in which the said trial is pending.

(2.) THE prosecution case in brief is that an FIR was lodged was lodged on 11.4.2015 at about 00.30 hours by S.I. Savez Khan against the five accused persons, namely, Rajesh son of Chandrabhanu, Munna @ Chand Prakash Shahi son of Kashi Nath Shahi, Ahilya wife of Narendra @ Gabbar, Beena wife of Nirmal, Gabbar @ Narendra son of Gupt Singh with respect to an incident taken place on 10.4.2015 at 18.15 P.M. when the informant along with other police personnel were checking the vehicles coming from Ghaziabad to New Delhi. When the vehicles were being checked at a barrier at 9.30 P.M, one Indigo Car No. DL 9C X 7993 which was coming from Mohan Nagar when was stopped by the police personnel, the persons sitting in it tried to flee away seeing the police personnel but was stopped by the police personnel after using necessary force, four persons were arrested by the police and one person had fled away from the place of occurrence taking benefit of darkness in the night.

(3.) WHEN the police personnel came to know about the contraband article from the said four accused persons, it in compliance of the provisions of Section 50 of N.D.P.S. Act, informed them about it and they stated that their search can be taken by the police personnel who prepared and signed the memo as required under the law. The four accused persons who were arrested, disclosed their names as Rajesh son of Chandrabhanu, Munna @ Chand Prakash Shahi son of Kashi Nath Shahi, Ahilya wife of Narendra @ Gabbar, Beena wife of Nirmal. The female co -accused were also searched by the woman constable and nothing was recovered from their physical possession except the clothes which they were wearing. From the back side of the vehicle, a white bag was recovered in the presence of police personnel and all of the accused informed that co -accused Gabbar @ Narendra used to bring the opium from Bihar to Ghaziabad and the accused persons used to carry it in the vehicle so that there would be no suspicion regarding his activities and accused used to sell the said contraband article at Delhi at a higher rate. The two bags which were recovered from the said vehicle were weighed and in one bag 7 Kg. opium and in other bag 14 Kg. opium was recovered and sample was taken from both the bags and were sealed.