ATAUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 22.11.2006 passed by Addl. Sessions Judge, Court No.5, Kanpur Nagar in ST No.308 of 2002 convicting and sentencing the accused appellant Atauddin under Section 21(c) of the NDPS Act to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.1,00,000/-. It was further directed that in default of payment of fine he shall undergo further imprisonment of one year.

(2.) The prosecution case, in brief, is that the accused persons Atauddin and one Aquil Ahmad were caught by the police party headed by Sri Kamlesh Kumar Dixit Circle Officer Anwarganj and Tajendra Singh S.H.O. P.S. Anwarganj at 2.00 p.m. on 23.2.2002, party on 23.2.2002, on the information given by an informer, while they were sitting near Pakad tree at the left side patri of road, opposite Chacha Nehru Hospital, Mohalla Cooperganj, Kanpur. The accused persons were told that there is an information that they are possessing unauthorized smack in their bags. They were apprised of their right of being searched before any gazetted officer or Magistrate but they consented to be searched by the Circle Officer himself. On search, 3 kg smack covered in pink and green coloured polythenes together with Iron Beam balance and iron weights of 1 kg, 200 gm and 50 gm from Chhentdar bag which was in his right hand and Rs.110/- from the packet of his trouser were recovered. Smack recovered from both the accused persons was weighed on the spot. The accused persons could not show any licence for possession of the aforesaid smack. They were taken into custody. 100-100 gm smack was separated as samples from smack recovered from each accused and the same was kept and sealed in separate boxes. Sample seal was also prepared. Remaining recovered smack together with recovered Iron Beam Balance, Iron weights and currency notes were kept in the same bags from where they were recovered and were sealed in separate clothes. Seizure memo (Ext.Ka.1) was prepared on the spot by Head Constable Premanand Sharma on the dictation of C.O. Anwarganj Sri Kamlesh Kumar Dixit and the same was read over to and got signed by all companion police men. The copies of seizure memo were handed over to the accused persons separately and their signatures were also obtained on the seizure memo.

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