ARUN KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 12.10.2011 passed by Ist Addl. District & Sessions Judge, (Ex Cadre) Kushi Nagar in SST No.4 of 2008 (State of UP vs. Arun Kumar Singh) and ST No.220 of 2008, State of UP vs. Arun Kumar Singh), convicting and sentencing the accused appellnat u/s 22(c) of the NDPS Act for 20 years R.I. and fine of Rs.2,00,000/-, in default whereof 4 years further R.I. and u/s 25 Arms Act for 3 years R.I. and fine of Rs.10,000/-, in default whereof 6 months further R.I.

(2.) The prosecution case in brief is that on 5.11.2007 Inspector R.P. Singh, Incharge S.O.G. along with other police personnel were busy in tracing out the criminals. When they reached near the turn of Phachrukhiya on Padrauna Bishunpura Road, they received information from some informer that one person is coming from the side of Bishunpura who had illegal arms. If prompt action is taken he may be arrested. On this information S.O. Anil Kumar Pandey of P.S. Kuber Sthan was called for by telephone who had come on the spot by jeep along with other police personnel. All the police personnel went near the Phachrukhiya turn and they did ambushing there. The public persons were also asked to become the witness but none had become ready for the same. About about 10-15 months one person was seen coming from the side of Phachrukhiya. The informer pointed out and told that it is that person who had illegal arms. The informer was allowed to go therefrom and thereafter that very person was asked to stop but he tried to run back. Thereupon the police had arrested him at 13.50. On being asked he told his name as Arun Kumar singh. On taking his personal search, one country made pistol of 12 bore in working condition and 2 live cartridges of 12 bore were recovered from his possession. On further personal search, heroin was also recovered from his possession. The heroin was kept in white polythene packet. The said heroin was found to be 350 gm. The recovered articles were sealed on the spot and the recovery memo was also prepared on the spot and the signatures of the accused and all the witnesses were taken thereon. Thereafter the case was got registered in P.S. Kuber Sthan at Crime No.427/07 under Section 8/22/23 NDPS Act and at Crime No.428/07 under Section 3/25 Arms Act.

(3.) The investigation of this case was entrusted to S.H.O. Kotwali Padrauna by the order of Circle Officer, Sadar. After investigation charge sheets under Section 8/22/23 NDPS Act and Section 3/25 Arms Act were filed in the court of concerned Special Judge and Judicial Magistrate respectively.