IDRISH ALIAS KHAURA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal appeal has been filed against the judgment and order dated 4.4.1997 passed the then Sessions Judge, Banda in Complaint Case No. 32 of 1994 (State Vs. Idrish @ Khaura arising out Case Crime No. 183 of 1993, P.S. Badausa, District-Banda, whereby accused-appellant has been convicted under Section 8 / 20 of NDPS Act and awarded punishment of two years rigorous imprisonment, fine of Rs. 10,000/- and in default of payment of fine six months rigorous imprisonment.

(2.) In brief, the case of the prosecution is that on 9.8.1993, S.H.O. Kamlesh Singh Yadav (PW-1) was busy in patrolling duty along with Constable Kamlesh Singh, Constable Ramdas, Constable Suraj and Constable Om Prakash and Constable Suraj Prasad. When they reached near turn of the village Barkatpur, an informer gave them news that one person was coming from the side of Barkatpur who had illegal Ganja in his bag, who would proceed towards Badausa. Believing this information, the police party tried to find an independent witness but due to it being dark, no one was available. After having taken search of each other and having ensured that they had no illegal article with them. They started waiting for that person to arrive concealing themselves behind the trees. After some time, a person was seen coming from the side of Barkatpur and when they reached near him, the informer pointed out towards him and stated that he was referring to the same person. Thereafter, the police party focused their torch on the said person and directed him to stop, but he turned in reverse direction and started running towards Barkatpur. He was caught using sufficient force at about 20:30 hours, 100 yards away from the road. When inquired, he disclosed his name as Idrish Khan @ Khaura. He was told that the police party had got information that he was having illegal Ganja in his bag, therefore, if he wanted to be searched in presence of any Magistrate or a Gazetted Officer, he could be taken there. But, the accused expressed full faith in the police party and stated that they could take his search. After this consent having obtained, PW-1 Kamlesh Singh Yadav (S.O) in front of companion police officials made search of the bag being carried by the accused in his right hand and 1/2 kg Ganja was recovered from the said bag, to possess which, he could not show any license. He was told that he had committed an offense under Section 18 / 20 of NDPS Act. The recovered Ganja was sealed in the same bag and the sample seal was prepared. The recovery memo (Ext.Ka-1) was prepared on the spot in the light of torch at the dictation of PW-1 by Constable Ramdas Suman. The same was read out to the accused and thereafter his signature and the signature of police companions were obtained thereon and a copy of the same was provided to him. The police party, thereafter, came to police station along with accused, the recovered contraband substance and recovery memo and a Case Crime No. 183 of 2003 under Section 8 / 20 of NDPS Act was registered and Chick F.I.R. (Ext. Ka-2) was prepared at P.S. Badausa on 9.8.2013 at 12:30 pm and its entry was made in G.D. dated 9.8.2013 (Ext. Ka-4) at report No. 26 at about 22:30 hours. The investigation was assigned to S.I. Varijalal (PW-2), who inspected the spot and at the instance of PW-1 prepared site plan (Ext. Ka-5). Ater having taken statements of all the relevant witnesses and taking into consideration the report of FSL (Ext. Ka-7), he submitted charge-sheet against the accused appellant. The charge against the accused-appellant was framed on 3.8.1985 under Section 20 of NDPS Act to which he pleaded not guilty.

(3.) In support of the prosecution version, Kamlesh Singh Yadav, S.O. was examined as PW-1, who was witness of recovery and arrest of the accused-appellant, Varijalal (I.O.), was examined as PW-2. No other witness of fact or formal witness has been examined and thereafter evidence of prosecution was closed.