PRAMOD; RAM SINGH; JASONDI Vs. STATE

JUDGEMENT

(1.) AJAI Kumar Singh, J. All these jail appeals have been preferred against the common judgment and order dated 30-3-1994 passed by Sri K. N. Singh, the then First Addl. Sessions Judge, Saharanpur in Special Cases No. 2/1994, 3/1994 and 4/1994 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), P. S. G. R. P. , Saharanpur convicting all the three appellants accused for offence under Section 22 of N. D. P. S. Act and sentencing them each to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to undergo a further imprisonment for two years.

(2.) BRIEFLY stated the prosecution case is that on 18-11-1993 Anil Kumar, S. O. G. R. P. Saharanpur alongwith Head Constable Shishupal Singh, Constable Ravindra Singh and Constable Narendra Kumar had gone to platform No. 2 in connection with the investigation of case crime No. 108 of 1993, under Section 328, I. P. C. and complainant of the said case was also present with him. Complainant of that case Sri Zaheer Ahmad pointed out towards three persons sitting on the Bench and informed the police party that those persons had intoxicating article, which they had given to him some time back. Upon this information, the first informant with the help of the police party arrested those three persons sitting on the Bench at about 14. 10 hrs. After telling them the reasons for their arrest all the three accused were arrested. Before making enquiry about their names and addresses, it was asked from those persons as to whether they would like to give their search before a Magistrate or Gazetted Officer, which they denied and asked the police party itself to take their search. Then the names and addresses of those persons were asked by the police party. The first person disclosed his name as Jasondi. On his personal search 16 packing tablets of Serepas-30 and also the powder of these tablets kept in a sachet of brown paper was recovered from the front pocket of the 'bundi' he was wearing. On the personal search of second person, who disclosed his name as Ram Singh, 10 tablets of Serepas-30 and 9 tablets Nitravet-10 and powder of Serepas tablets kept in a brown paper was recovered from the Gamachha tied up with the waist of the accused. From the personal search of the third person, who disclosed his name as Pramod, 20 tablets of Serepas-30 and one sachet of powder of these tablets kept in brown paper was recovered from the turban of the accused. When enquired about the contraband article possessed by these accused, they could not give any satisfactory reply in this regard. Instead they voluntarily admitted that they have been caught red handed. The accused Ram Singh disclosed the modus operandi of the accused persons. Accused Ram Singh disclosed that at any railway station or bus stand, the accused Jasondi after showing his palm to him used to ask questions from him. During this time if any passenger also happen to come to Ram Singh to show his palm he was asked to wait and in the meantime, accused Pramod used to go to bring the tea from a tea stall and used to mix the powder of intoxicating tablet in the tea of that passenger. As soon as the passenger became intoxicated these accused persons used to take all his belongings and run away and after selling the said articles, they used to make merry. The contraband articles recovered from the three accused persons were kept separately in three pieces of cloths and were sealed at the spot. Sample of the seal was also prepared. The tumbler in which tea was given to the complainant and was lying empty near that place was also taken in police custody and was sealed at the spot and the sample of seal was prepared. Memo of recovery was prepared at the spot and was read over to the witnesses and their signatures were obtained. Copy of the recovery memo was given to each of the accused separately and their thumb-impressions were obtained. Thereafter, accused and the recovered contraband were taken to the police station and on the basis of the recovery memo, FIR was registered at the police station.

(3.) IN their statements under Section 313, Cr. P. C. all the accused denied the prosecution version and have stated that they have been falsely implicated due to enmity.