SANOJ AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 17.3.2005 passed by the Special Judge/Additional Sessions Judge, Aligarh in Criminal Case No.44/04 State vs. Sanoj convicting and sentencing the appellant Sanoj u/s 8/20 NDPS Act to undergo 12 years R.I. and imposing a fine of Rs. One lac; in Criminal Case No.39/04 State vs. Sanju convicting and sentencing the appellant Sanju u/s 8/20 NDPS Act to undergo 13 years R.I. and imposing a fine of Rs.1,50,000/-; in Criminal Case No.40/04 State Vs. Tahira Khatoon convicting and sentencing the appellant Tahira Khatoon u/s 8/20 NDPS Act to undergo 13 years R.I. and imposing a fine of Rs.1,50,000/-; in Criminal Case No.41/04 State vs. Rinku convicting and sentencing the appellant Rinku u/s 8/20 NDPS Act to undergo 13 years R.I. and imposing a fine of Rs.1,50,000/- and in criminal case no.42/04 State vs. Manju convicting and sentencing the appellant Manju u/s 8/20 NDPS Act to undergo 13 years R.I. and imposing a fine of Rs.1,50,000/-. In default of payment of amount of fine appellant Sanoj was directed to undergo 2 years further R.I. And other accused/appellants were directed to undergo 2-1/2 years R.I.

(2.) The prosecution case, in nutshell, is this that on 28.2.2004 the Station Incharge of P.S. Gandhi Park Sri Vijay Kumar along with other police personnel was busy in search of wanted criminals. When they were returning to the police station from the side of Naurangabad, at that time at Etah Police Outpost at about 7.45 p.m. they received an information from some informer that some persons including the ladies are about to come on G.T. Road from the side of Vijay Vihar. Those persons have Charas and Bhang Powder in huge quantity. Believing this information to be true the Station Incharge took the public witnesses Nanhumal and Thakur Prasad and informer along with him proceeded towards G.T. Road Akrabad and as soon as they reached a little ahead of Tiraha of Vijay Vihar, some ladies and one person came there and stood there. On the pointing out of the informer, the police personnel came near those persons and asked them as to why their companion had slipped away after seeing the police and that there is information that you have charas, so your search is to be taken. Whether you would like to be searched before the Magistrate, whereupon they all answered in yes. Thereupon by giving information through R.T. set, A.C.M. Ist Sri Sabhajeet Tiwari was called on the spot. S.I. Anil Kumar who was busy in the duty of exhibition had also come there. Thereafter the personal search of the accused persons was taken before the Magistrate Sri Sabhajeet Tiwari. From the possession of accused appellant Sanoj, 4 packets of charas weighing about 2 kg, from the possession of accused appellant Manju 3 kg charas, from the possession of accused appellant Smt. Rinku 3 kg charas, from the possession of accused appellant Tahira Khatoon 3 kg charas and from the possession of accused appellant Smt. Sanju 3 kg charas were recovered. From the possession of co-accused Parmatma 1.5 kg. Charas and 2 kg 50 gm Bhang were recovered. The recovered contraband was sealed on the spot and sample seal was also prepared. Recovery memo (Ext.Ka.1) was prepared, the copy of which was given to accused appellant Parmatma. The recovered contraband and the accused persons were brought to the police station and on the basis of the recovery memo a case was got registered against the accused persons. As against accused appellant Parmatma Criminal Case No.43/04 was registered in P.S. Gandhi Park District Aligarh. The Investigating Officer inspected the spot of the arrest of the accused persons, prepared the site plan thereof, recorded the statement of the witnesses, sent the recovered contraband to Forensic Science Laboratory and after completing the investigation submitted charge sheet against the accused persons under Section 8/20 of the NDPS Act.

(3.) The trial court framed the charges under Section 8/20 of the NDPS Act against each of the accused appellants.