DEO NARAIN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 7.8.2009 passed by Ist Additional Sessions Judge, F.T.C. -I Siddharth Nagar in S.S.T. No. 47 of 2007, (State v/s. Deo Narain Gupta), arising out of Case Crime No. 235/2007, whereby the accused appellant has been convicted under Sec. 20(b)(ii)(c) of the N.D.P.S. Act and sentenced to undergo 12 years rigorous imprisonment and fine of Rs. 1,20,000/ -. It was also directed that in default of payment of fine the accused appellant shall further undergo 2 years rigorous imprisonment.

(2.) The prosecution case, in brief, is that on 27.6.2007 S.O. Jagdeep Dubey of P.S. Mishrauliya District Siddharth Nagar along with other police personnel was busy in checking in his area. When he reached near the crossing of Khadsari, an informer informed him that one person would come from the side of Kathela by bicycle. He had charas with him. So if prompt action is taken he may be arrested. Upon this information, the S.O. and the other police personnel reached near the garden of Bismillah and had concealed themselves by taking cover of Shisham tree and started to wait the coming of that person. After some time one person was spotted by the police party coming from the side of Khatela on a bicycle. After pointing out towards that person, the informer had gone from there. When that person reached on the Kachcha rasta, he was surrounded and arrested by the police. On being asked his name, he told his name Deo Narain Gupta (accused appellant) belonging to Nepal. When he was asked about the luggage in the Bora which was kept on the carrier of the bicycle, he told that this Bora contained charas. On being further asked as to whether he would like to be searched before any Magistrate or before any Gazetted Officer, he begged pardon. The C.O. Etawah was informed by CUG number. On the information, C.O. Nihal Prasad along with witnesses Israr Ahmad and Noor Mohammad reached the spot. On personal search of the accused, Rs. 495/ - were recovered from his pocket. The Bora which was kept on the carrier of the bicycle was got down to the ground and opened. From this Bora, 22 kg and 500 gm charas in pieces was recovered. The licence of keeping that charas was demanded but the accused could not show any licence for having the same. The said contraband was taken into custody at 12.30 p.m. and a sample of 100 gm was taken out from that charas. The sample and the residuary charas were sealed on the spot. The recovery memo was prepared on the spot. The copy of the recovery memo was given to the accused Deo Narain Gupta and on the basis of that recovery memo (Ext. Ka.1), a case at crime No. 235/07 was got registered under Sec. 8/20 of the NDPS Act in P.S. Mishrauliya of district Siddharth Nagar. The G.D. regarding registration of that case is Ext. Ka.7.

(3.) After completing the investigation of the case, charge sheet (Ext. Ka.10) under Sec. 8/20 of the NDPS Act was filed in the court of Sessions Judge against accused Deo Narain Gupta, whereupon cognizance was taken and thereafter this case was transferred to the court of Additional Sessions Court, F.T.C. -I, Siddharth Nagar.