HAROON Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The appellant Haroon has filed this criminal appeal against the judgment and order of conviction recorded by Additional Session Judge, Court No.3, Unnao in Special Session Trial No.68/2009, whereby the appellant has been sentenced to undergo rigorous imprisonment of one year along with a fine of Rs.10,000/- under Section 21B of N.D.P.S. Act and one year rigorous imprisonment along with a fine of Rs.5,000/- under Section 3/25 Arms Act. It is not disputed that the appellant has already completed his period of sentence and has now been released. However, since the appellant has challenged his conviction under the N.D.P.S. Act to be against the law, therefore, this appeal is being disposed of on merit.

(2.) I have heard learned counsel for the appellant and learned AGA for the State.

(3.) The prosecution case in brief is that on 10.07.2009, when the informant S.I. Santosh Kumar Shukla along with his police party was present in his area, he received an information that two persons having contraband narcotic substance and unauthorized arms were about to come. The informant tried to take some independent witnesses from the public, but nobody agreed to become witness. The police party then reached the place where the appellant was about to come and as soon as the police informer pointed out towards two persons, the police party asked them to stop. When they did not stop and tried to run away, the police party apprehended them at about 11.05 PM. On being asked, one of them told his name as Haroon. He was found in possession of a country made pistol of 315 Bore along with two live cartridges. He also told the police party that he had some smack also. The police party then gave him an option to get himself searched before any Magistrate or Gazetted Officer, but the appellant Haroon asked the police personal to take his search. A consent letter was prepared and on being searched, the appellant Haroon was found in possession of narcotic substance which was wrapped in a polythene. It is further a prosecution case that the appellant could not show any authorization to keep illegal arm or the narcotic substance. He was then taken into custody and the alleged smack was found to be about eight grams in weight. The aforesaid articles recovered from the possession of the appellant were separately sealed and a memo of arrest and seizure was prepared on the spot. The appellant and the recovered articles were brought to the police station and a case was registered against him. The Investigating Officer took the statement of the witness and visited the place of occurrence. The alleged narcotic substance recovered from the possession of the appellant was sent for chemical analysis and subsequently report was received from the lab that the said narcotic substance was heroine. The police after completion of investigation submitted charge-sheet.