ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order dated 08.07.2011 passed by Additional District & Sessions Judge, Court No.2(A), Ghaziabad in Special Sessions Trial No.266/2010 State vs. Arun Kumar under Section 18/22 NDPS Act P.S. G.R.P. District Ghaziabad whereby the the accused appellant has been convicted and sentenced to undergo 6 years rigorous imprisonment and fine of Rs. 60,000/-. It was also directed that in default of payment of fine the accused appellant shall undergo six months simple imprisonment.

(2.) The prosecution case, in brief, is that on 3.8.2010 S.I. R.K. Sharma along with other police personnel was patrolling for arresting the suspected criminals. When he reached platform no.2 of Railway Station Ghaziabad, he spotted two persons sitting on a bench under the tin shed. He flashed torch light on them whereupon those two persons stood up from the bench and began to walk towards the platform in the western side. On being asked to stop they did not stop. They were having polythene bag in their respective hands. They were arrested on the spot at platform no.2 under the tin shed at 2.30 a.m. They were asked the reasons to walk in this manner, whereupon they told the police that they had 400-400 gm intoxicating powder and they had also two strips containing 10 tablets each. Both the accused were asked to give their personal search before the Magistrate or Gazetted Officer but they refused and said that they have full confidence on the police party, so the police party itself may take their search. On being asked their name one of them told his name as Arun Kumar (accused appellant). From his personal search 20 prohibited tablets of Nitrazepam-10 and from the polythene bag which he had in his right hand, intoxicating powder weighing 400 gm were recovered. The other accused told his name as Mohit @ Pramod Yadav and from his possession also 20 prohibited tablets of Nitrazepam-10 and from the white coloured polythene bag which he had in his right hand 400 gm intoxicating powder were recovered. The sample from the intoxicating powder weighing 100-100 gm was taken and rest of the recovered contraband were sealed in a cloth. The sample seal was also prepared and the recovery memo was prepared on the spot. On the basis of that recovery memo a case at case crime no.220/2010 against accused Arun Kumar and another case at case crime no.221/2019 against accused Mohit @ Pramod Yadav were registered under Section 18/22 of the NDPS Act. Recovery memo is Ext.Ka.1 and check FIR is Ext.Ka.4. After investigation the charge sheet under Section 18/22 of the NDPS Act was filed against the accused appellant and other co-accused Mohit. As regards the accused appellant Arun Kumar the charge sheet is Ext.Ka.7.

(3.) The trial court framed the charge against the accused appellant under Section 18/22 of the NDPS Act. The accused pleaded not guilty to the charge and claimed to be tried.