LAWS(ALL)-2015-12-347

JUMMA ANSARI Vs. STATE OF U P

Decided On December 04, 2015
Jumma Ansari Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 22.9.2007 passed by Sri Jai Shankar Mishra the then Addl. Sessions Judge Fast Track Court No.2 Rampur in Special Case No.50/2005 State vs. Jumma Ansari, under Section 8/21 and 8/18 of the NDPS Act P.S. Patwai District Rampur whereby the accused appellant has been convicted and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lac under Section 8/21 and 8/18 of the NDPS Act on each count. It was also directed that in default of payment of fine the accused appellant shall further undergo two years additional rigorous imprisonment on each count. The substantive sentences of imprisonment were directed by the trial court to run concurrently.

(2.) The prosecution case, in nutshell, is this that on 13.4.2005 the complainant of the case S.I. Sri Vikas Saxena SOG Rampur along with other police personnel was going by road from Patwai towards Shahbad. When they reached at Passenger Shed near village Matwali a person was seen carrying a packet in his hand. When the said person was stopped for the purpose of checking, he started running fast on the kachcha way going towards village Matwali. The police on being suspected caught the said person along with the bag by raiding at the distance of around 100 paces from passenger shed on Kachhcha way. On being asked the said person disclosed his name Jumma Ansari son of Shakoor resident of village Mashevi P.S. Mainather District Moradabad. The police took search of the said person and from his possession 500 gm smack from a black polythene and 5 kg. opium from a white polythene were recovered. Since the said recovery and arrest took place all of a sudden, so there was no occasion for the police to call for any Magistrate or gazetted officer for search. After taking the recovered smack and opium in his possession the police arrested the accused appellant after telling him about the offence. After taking sample of the recovered contraband, the police packed and had sealed the same. The recovery memo was prepared on the spot and on the basis of that recovery memo a case at Crime No.57 of 2005 under Section 8/18/20 of the NDPS Act was registered in P.S. Patwai District Rampur. After completing the investigation charge sheet was filed against the accused appellant Jumma Ansari under Section 8/21 and 8/18 of the NDPS Act. According to the FSL Report, the recovered contraband was found heroine and smack in which the morphine was found 1.2%.

(3.) The trial court framed the charge against the accused appellant under Section 8/21 and 8/18 of the NDPS Act. The accused pleaded not guilty to the charges and claimed to be tried.