HUSAINI Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment and order dated 01.02.1996 of Sessions Judge/Special Judge, Maharajganj whereby he had convicted the accused-appellant Husaini and had sentenced him under Section 8/20 of N.D.P.S. Act, 19851 with R.I. of two years and fine of Rs. 2,000/- and in default of payment of fine six months additional imprisonment.

(2.) The facts of the case in brief are as follows:

(3.) A police party headed by S.H.O., P.S. Shyam Deurawa, Sri Rajesh Kumar Dwivedi (P.W.-2) along with constables Sunil Kumar Misra, Jagdish Prasad and homeguard Rajendra Prasad were busy in maintenance of the law and order in Village Barahra. They were travelling in a jeep being driven by driver Laxman Prasad. When they reached Village Barahra, Sub-Inspector Narendra Pratap Singh (P.W.-1), constable Aftab Ahmad and constable Surendra Singh also joined them while on patrol duty. At that very time an informer gave them news that in Village Mohanapur, one person was selling Ganja which was kept in a bag, if promptly reached, he could be arrested. Believing that information, Sri Rajesh Kumar Dwivedi reached near Village Mohanapur and found a man sitting on a culvert who was surrounded by few persons. Having seen police these persons fled from there and the suspect also started to flee right then; at about 1 The Act twenty steps from that place, he was arrested. On being caught he disclosed his name to be Husaini, resident of Mohanapur, P.S. Shyam Deurawa, District Maharajganj. Upon search being made, 500 grams of Ganja was recovered from a plastic bag being carried by him in his hand which consisted ten pudias of 50 grams each. On being enquired as to whether he had authorisation to sell Ganja, he prayed to be excused for this fault. Thus, on his admission of the guilt/offence, he was arrested under Section 20 of the Act after being apprised that he had committed an offence under the said Act by selling the said Ganja. The alleged recovered Ganja was taken into custody by police and was kept in a bag and after taking out 50 grams out of it by way of sample it was sealed and the said sample was also sealed separately and sample of the seals were also prepared. The recovery memo was written on the spot which was read out to the accused-appellant and thereafter the signatures of all concerned were obtained thereon. A copy of this recovery memo was also provided to the accused. Thereafter the accused along with recovered contraband was taken to the police station Shyam Deurawa, where on the basis of the same, F.I.R. (Ex. Ka-2) was registered on 05.04.1993 at 06:45 p.m.; formal Chick F.I.R. (Ex. Ka-2) was also prepared; an entry was made in G.D. (Ex. Ka-3). The case was handed over to Investigating Officer, S.O., Sri Khalid Nasim (P.W.-3), who after making inspection of the spot, prepared site plan (Ex. Ka-5). The sample of Ganja was sent for examination to Forensic Science Laboratory, LuckNo. 2, from where a report (Ex. Ka-6) was received confirming that the same was found to be Ganja. Thereafter the Investigating Officer having completed the investigation submitted charge-sheet (Ex. Ka-4) against the accused-appellant in Court.