HAR MOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) All the three appeals are directed against the judgment of conviction dated 1.9.2010 passed by Additional Sessions Judge (F.T.C.-1), Kanpur Nagar whereby Session Trial No. 455 of 2008 (State Vs. Harmohan) , Session Trial No. 456 of 2008 (State Vs. Jakir Hushain) and Session Trial No. 453 of 2008 (State Vs. Bhuttan Mahato) were decided together and thereby convicting the all the three appellants, under Sections 20B(ii)(c) N.D.P.S. Act arising out of Crime No. 4 of 2008, Crime No. 5 of 2008 and Crime No. 6 of 2008 respectively related to Police Station - Armapur, Kanpur Nagar and accused-appellant - Harmohan was convicted for 18 years rigorous imprisonment with a fine of Rs. 2 lacs and in default of payment of fine to further undergo two years additional imprisonment. Accused-appellant - Jakir Hushain was convicted for 16 years rigorous imprisonment with a fine of Rs. 1.50 lacs and in default of payment of fine to further undergo two years additional imprisonment and appellant - Bhuttan Mahato was convicted for 12 years rigorous imprisonment with a fine of Rs. 1.20 lacs and in default of payment of fine to further undergo two years additional imprisonment.

(2.) Brief facts of the case as are as follows:

(3.) On 25.1.2008, S.O.G. Incharge - T.B. Singh, S.I. - Rishikant Shukla, S.I. - Sunil Tiwari, S.I. - Deepak Mishra, Constable - Arvind, Constable - Bhaiya Lal along with Driver - Bhagwat Prasad Pandey in the Government Jeep under the direction of Senior Superintendent of Police, Kanpur Nagar were patrolling for the security of factories of military area. There they met Station Officer Armapur - Anand Prakash Mishra who was on patrolling in search of suspected persons along with other police personnel and when they reached near Armapur Nahar Puliya, they intercepted some men and women and they were arrested at 6.15 P.M. Five men and two women were arrested. It is stated by them that they are having illegal charas and they were given option to be searched before a magistrate or a gazetted officer but all of them stated that they can be searched by them. Then consent letter was signed by them. Passers by were asked to become witness in the matter but none was ready for that. From the bag that was in the right hand of the accused-appellant Harmohan, 9 kg charas was recovered. 6 kg charas was recovered from the possession of accused-appellant Jakir Hushain and from the polythene that was in the hand of accused-appellant Bhuttan Mahato, 2 kg charas was recovered. Recovery was also made from the other persons also those were arrested on the spot. 100 gms of charas each has been taken as sample and all the recovered item as well as sample were sealed on the spot. Recovery memo was ascribed and after that all the arrested persons were taken to the police station and FIR was lodged on the basis of recovery memo. Recovered items were entered in Malkhana. Investigation was initiated and chemical laboratory reports were also achieved and from that it was found that recovered articles were charas and after the completion of investigation charge-sheet was submitted against the appellants. Session trials of all the three appellants were tried together. During trial charges were framed against the appellants and as many as eight witnesses were produced by the prosecution, out of which PW-1 S.I. Anand Prakash Mishra, PW-2 S.I.T.B. Singh were witnesses of facts whereas rest of the witnesses are formal in nature. After the evidence of prosecution, statement under Sec. 313 Crimial P.C. of the accused persons were taken. Appellant Harmohan produced DW-1 Shiv Prakash Yadav in the defence whereas rest of the appellant did not give any defence except the statement under Sec. 313 Crimial P.C. wherein false implication has been alleged. Trial Court after hearing the parties came to the conclusion that statements of PW-1 and PW-2 are trustworthy and there is nothing adverse between two statements and PW-1 and PW-2 have proved the case against the appellants.